Crystal White Southfield Police Lawsuit

Case 2:20-cv-11543-SDD-RSW ECF No. 1 filed 06/12/20 PageID.
1 Page 1 of 13
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN IN THE SOUTHERN DIVISION

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
CRYSTAL WHITE,
• A PROFESSIONAL CORPORATION
Plaintiff, Case No.

Hon.
v
CITY OF SOUTHFIELD, d/b/a Southfield

Police Department, OFFICER WOODSIDE,
OFFICER FAIR, OFFICER RUCINSKI,
in their Official and Individual capacities,
Defendant.
GEOFFREY N. FIEGER (P30441)

COLIN D. GERISH (P83349)
Fieger, Fieger, Kenney & Harrington, P.C.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
Attorneys for Plaintiffs

19390 W. Ten Mile Rd.
Southfield, MI 48075
(248) 355-5555
c.gerish@fiegerlaw.com
______________________________________________________________
COMPLAINT
Plaintiff, CRYSTAL WHITE, by and through her attorneys, FIEGER, FIEGER,
KENNEY & HARRINGTON, P.C., and for her Complaint and Jury Demand against the
above-named Defendants, states as follows:
JURISDICTION
1. This action arises under the United States Constitution, particularly under
the provisions of the Fourth and Fourteenth Amendments to the United States Constitution
and under the laws of the United States, particularly under the Civil Rights Act, 42 U.S.C.
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Case 2:20-cv-11543-SDD-RSW ECF No. 1 filed 06/12/20 PageID.2 Page 2 of 13
§§ 1983 and 1988, and under the statutes, common law, and Model Penal Code of the State
of Michigan.
2. This court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 (a)(3),

1343(a)(4) and 42 U.S.C § 1983. This court has supplemental jurisdiction of the Michigan
law state claims which arise out of the nucleus of operative facts common to Plaintiff’s
federal claims pursuant to 28 U.S.C. §1367.
3. The amount in controversy exceeds seventy-five thousand dollars,
excluding interests, costs, and attorney fees.
VENUE
4. Venue lies in the Eastern District of Michigan pursuant to 28 U.S.C §
1391(d), the events took place in the City of Southfield, County of Oakland, State of
Michigan, which is located within the jurisdiction of the United States District Court for
the Eastern District of Michigan, Southern Division.
PARTIES
5. At all times relevant to this lawsuit, Ms. CRYSTAL WHITE was a resident
of the City of Southfield, County of Oakland, State of Michigan.
6. At all times relevant hereto, OFFICER J. WOODSIDE (herein referred to as
OFFICER WOODSIDE) was a citizen of the State of Michigan and was acting under the
color of state law within the course and scope of his employment as an officer for the
Southfield Police Department.
7. At all times relevant hereto, OFFICER M. FAIR (herein referred to as
OFFICER FAIR) was a citizen of the State of Michigan and was acting under the color of
{00865727.DOCX} 2
state law within the course and scope of his employment as an officer for the Southfield
Police Department.
8. At all times relevant hereto, OFFICER A. RUCINSKI (herein referred to as

OFFICER RUCINSKI) was a citizen of the State of Michigan and was acting under the
color of state law within the course and scope of his employment as an officer for the
Southfield Police Department.
FACTUAL STATEMENT
9. Plaintiff hereby reincorporates and reasserts each and every allegation set
forth in the previous paragraphs of this Complaint.
10. On January 9, 2020, Plaintiff, CRYSTAL WHITE, a 38-year-old woman,
became involved in a verbal altercation with her mother, sister, and brother-in-law at
Plaintiff’s mother’s residence.
11. At one point in the altercation, Plaintiff’s sister called the Southfield Police
Department and reported a domestic dispute.
12. At all times relevant hereto, Plaintiff’s minor daughter was inside the
Plaintiff’s mother’s home.
13. Plaintiff CRYSTAL WHITE began gathering her belongings and packing
them in her car.
14. While CRYSTAL WHITE was packing her belongings, Defendants,
OFFICER WOODSIDE, OFFICER FAIR, and OFFICER RUCINSKI arrived at the scene,
having parked two cars several houses down the street, and approaching on foot.
15. Defendant, OFFICER FAIR, immediately accused Plaintiff, CRYSTAL
WHITE, of being armed.
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16. Plaintiff, CRYSTAL WHITE, denied being armed, and demonstrated this
fact by showing Defendants her empty hands, as well as lifting up her shirt to expose her
waistline.
17. CRYSTAL WHITE had no weapons on her person at any time during the
incident.
18. As Plaintiff, CRYSTAL White was demonstrating she was unarmed,
Defendant, OFFICER WOODSIDE, lunged forward and punched CRYSTAL WHITE in
the left side of her face.
19. Immediately after OFFICER WOODSIDE withdrew from striking
CRYSTAL WHITE, OFFICER FAIR deployed his taser and struck CRYSTAL WHITE in
the abdomen.
20. At all times, relevant hereto, Plaintiff, CRYSTAL WHITE, was twelve-
weeks pregnant.
21. After Plaintiff, CRYSTAL WHITE, had been subdued by Defendants,
OFFICER WOODSIDE and OFFICER FAIR, Defendants OFFICER WOODSIDE,
OFFICER FAIR, and OFFICER RUCINSKI, forcibly handcuffed Plaintiff, CRYSTAL
WHITE, despite Plaintiff not being a flight risk.
22. At all times relevant hereto, Defendants, who were acting under the color of
state law as officers employed by the City of Southfield Police Department, directly and
proximately caused CRYSTAL WHITE’s injuries as set forth herein.
23. Plaintiff, CRYSTAL WHITE’s unborn baby died on February 22, 2020.
24. The misconduct of Defendants, OFFICER WOODSIDE, OFFICER FAIR,
and OFFICER RUCINSKI, directly and proximately caused Plaintiff to suffer numerous
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injuries including, but not limited to, the damages set forth in paragraph 40 of this
Complaint.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

judgment in her favor against Defendants and in an amount in excess of seventy-five
thousand dollars ($75,000) exclusive of costs, interest and attorney fees.
COUNT I - 42 U.S.C § 1983-EXCESSIVE FORCE

ALL DEFENDANTS
26. At all times relevant hereto, Defendant OFFICER WOODSIDE was acting
under the color of state law and in his capacity as a Southfield Police Officer and his acts
and/or omissions were conducted within the scope of his official duties and employment.
27. At all times relevant hereto, Defendant OFFICER FAIR was acting under
the color of state law and in his capacity as a Southfield Police Officer and his acts and/or
omissions were conducted within the scope of his official duties and employment.
28. At all times relevant hereto, Defendant OFFICER RUCINSKI was acting
under the color of state law and in his capacity as a Southfield Police Officer and his acts
and/or omissions were conducted within the scope of his official duties and employment.
29. At all times relevant hereto, as a Southfield Police Officer acting under the
color of law, Defendant, OFFICER WOODSIDE, was required to obey the laws of the
United States, including those laws identified under the Fourth and Fourteenth
Amendments to the United States Constitution.
color of law, Defendant, OFFICER FAIR, was required to obey the laws of the United
{00865727.DOCX} 5
States, including those laws identified under the Fourth and Fourteenth Amendments to the
United States Constitution.

color of law, Defendant, OFFICER RUCINSKI, was required to obey the laws of the
United States, including those laws identified under the Fourth and Fourteenth
Amendments to the United States Constitution.
32. CRYSTAL WHITE had the clearly established right under the Fourth and
Fourteenth Amendment to be free from excessive force by law enforcement.
33. Under all the circumstances known to Defendant OFFICER WOODSIDE,
the physical force used against CRYSTAL WHITE was objectively unreasonable and
clearly excessive when OFFICER WOODSIDE punched CRYSTAL WHITE in the face.
34. Defendant OFFICER WOODSIDE violated Plaintiff's clearly established
right to be free from unreasonable and excessive use of force, as guaranteed by the Fourth
Amendment and the Fourteenth Amendment of the United States Constitution, when he
punched CRYSTAL WHITE in the face when she was being held at taser-point and not
posing a flight risk.
35. Under all the circumstances known to Defendant OFFICER FAIR, the
physical force used against CRYSTAL WHITE was objectively unreasonable and clearly
excessive when OFFICER FAIR tased Plaintiff CRYSTAL WHITE, despite Plaintiff being
visibly unarmed and not posing a flight risk.
36. Defendant OFFICER FAIR violated Plaintiff's clearly established right to
be free from unreasonable and excessive use of force, as guaranteed by the Fourth
{00865727.DOCX} 6
tased Plaintiff CRYSTAL WHITE, despite Plaintiff being visibly unarmed and not posing
a flight risk.
37. Under all the circumstances known to Defendant OFFICER RUCINSKI,

the physical force used against CRYSTAL WHITE was objectively unreasonable and
clearly excessive when OFFICER RUCINSKI arrested Plaintiff, CRYSTAL WHITE.
38. Defendant OFFICER RUCINSKI violated Plaintiff's clearly established
right to be free from unreasonable and excessive use of force, as guaranteed by the Fourth
forcibly arrested Plaintiff CRYSTAL WHITE when she had already been subdued by
Defendants, OFFICER WOODSIDE and OFFICER FAIR, after being punched in the face
and tased, and did not pose a flight risk.

39. At all times relevant hereto, CRYSTAL WHITE, was unarmed and did not
pose a threat to the safety of Defendants or others.
40. The misconduct of Defendants WOODSIDE, FAIR, and RUCINSKI
directly and proximately caused CRYSTAL WHITE, to suffer numerous injuries
including, but not limited to the following:
a. Lacerations in and around mouth;

b. Multiple loose/broken teeth
c. Bruising throughout entire body;
d. Death of Baby White;
e. Loss of services of Baby White;
f. Loss of financial support and/or future support from Baby White;
g. Loss of society and companionship of Baby White;
h. Loss of gifts and/or valuable gratuities;
i. Pain and suffering;
j. Anxiety;
k. Mental anguish;
l. Emotional distress;
m. Fright and shock;
n. Humiliation and/or mortification;
{00865727.DOCX} 7
o. Present and future economic loss;

p. Medical and hospital expenses;
q. Punitive damages;
r. Exemplary damages;
s. Attorneys fees and costs pursuant to 42 U.S.C. §1988;
t. Other damages, injuries, and consequences that are found to be related to
the incident that develops during the course of discovery; and

u. Any other damages allowed by law;
41. The acts and/or omissions of Defendants WOODSIDE, FAIR, and
RUCINSKI were willful, wanton, reckless, malicious, oppressive, and/or done with a
conscious or reckless disregard for the constitutional rights of CRYSTAL WHITE.
Plaintiff therefore requests an award of punitive and exemplary damages. Plaintiff has
retained private counsel to represent her in this matter and is entitled to an award of
attorney fees and costs.

judgment in her favor against Defendant and in an amount in excess of seventy-five
COUNT II
GROSS NEGLIGENCE
ALL DEFENDANTS
42. Plaintiff hereby reincorporates each and every allegation set forth in the
previous paragraphs as if fully set forth herein.
43. At all times relevant hereto, pursuant to Michigan Law, Defendant
WOODSIDE, as an officer employed by the City of Southfield Police Department, owed a
duty to act with ordinary care for the safety of the public and specifically to CRYSTAL
WHITE.
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44. At all relevant times, Defendant WOODSIDE was acting within the course
and scope of his employment.

45. At all times relevant hereto, pursuant to Michigan Law, Defendant FAIR, as
an officer employed by the City of Southfield Police Department, owed a duty to act with
ordinary care for the safety of the public and specifically to CRYSTAL WHITE.
46. At all relevant times, Defendant FAIR was acting within the course and
scope of his employment.
47. At all times relevant hereto, pursuant to Michigan Law, Defendant
RUCINSKI, as an officer employed by the City of Southfield Police Department, owed a
duty to act with ordinary care for the safety of the public and specifically to CRYSTAL
WHITE.
48. At all relevant times, Defendant DOE RUCINSKI was acting within the
course and scope of his employment.
49. Defendants, acting within the scope of their employment, breached this duty
and were grossly negligent, as defined in MCL 691.1407(2)(c), when they acted so
recklessly as to demonstrate a substantial lack of concern as to whether injury would result
toward Plaintiff, CRYSTAL WHITE and with disregard for her health, safety, and
constitutional and/or statutory rights, by doing the following:
a. Punched CRYSTAL WHITE in the face after

Plaintiff had already taken actions demonstrating that
she was not armed or a threat to the safety of
Defendants;
b. Tasing CRYSTAL WHITE after Plaintiff had already

taken actions demonstrating that she was not armed
or a threat to the safety of Defendants;
c. Using unjustified force against CRYSTAL WHITE

after Plaintiff had already been subdued after being
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punched in the face and being tased, and not posing a

flight risk;
d. Using unjustified force against CRYSTAL WHITE

despite Plaintiff being unarmed and not posing a
threat to OFFICERS WOODSIDE, FAIR,
RUCINSKI, or the public;
e. Acting with reckless disregard for the physical safety

of CRYSTAL WHITE and her unborn child;
f. Acting with a willful and/or wanton disregard for the

safety of CRYSTAL WHITE and her unborn child;
g. Acting in a reckless and/or grossly negligent manner

as contemplated in MCL 691.1407(8)(a);
h. All other breaches of duty identified in deposition

testimony and/or answers to interrogatories and/or all
other discovery, all of which is hereby adopted by
reference; and
i. Any and all breaches that become known through

litigation.
50. As the direct and proximate result of the grossly negligent conduct of
Defendant, the Plaintiff suffered significant, serious, and permanent injuries, resulting in
physical difficulties to date.
51. As the direct and proximate result of Defendants’ above described breaches
of duty and gross negligence, CRYSTAL WHITE, suffered the following serious and
permanent injuries and damages:
a. Lacerations in and around mouth;

b. Multiple loose/broken teeth
c. Bruising throughout entire body;
d. Death of Baby White;
e. Loss of services of Baby White;
f. Loss of financial support and/or future support from Baby White;
g. Loss of society and companionship of Baby White;
h. Loss of gifts and/or valuable gratuities;
i. Pain and suffering;
j. Anxiety;
{00865727.DOCX} 10
k. Mental anguish;
l. Emotional distress;
m. Fright and shock;
n. Humiliation and/or mortification;

o. Present and future economic loss;
p. Medical and hospital expenses;
q. Punitive damages;
r. Exemplary damages;
s. Attorneys fees and costs pursuant to 42 U.S.C. §1988;
t. Other damages, injuries, and consequences that are found to be related to
the incident that develops during the course of discovery; and
u. Any other damages allowed by law;
52. As a direct and proximate result of the grossly negligent conduct of
Defendant, Plaintiff has suffered and will continue to suffer damage into the future,
including but not limited to, the injuries and damages as outlined in Paragraph 40 of this
Complaint.
COUNT III
ASSAULT AND BATTERY
ALL DEFENDANTS
54. At all times relevant hereto, Defendant, OFFICER WOODSIDE, made
threatening statements and/or physical movements creating within Plaintiff a well-founded
fear of imminent peril and/or contact.
55. Defendant, OFFICER WOODSIDE had the apparent ability to carry out the
act.
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56. Defendant, OFFICER WOODSIDE, did physically carry out the act when
he punched Plaintiff in the face and proceeded to use unreasonable force when performing
the arrest of Plaintiff, CRYSTAL WHITE.

57. At all times relevant hereto, Defendant, OFFICER FAIR, made threatening
statements and/or physical movements creating within Plaintiff a well-founded fear of
imminent peril and/or contact.
58. Defendant, OFFICER FAIR, had the apparent ability to carry out the act.
59. Defendant, OFFICER FAIR, did physically carry out the act when he
electrocuted Plaintiff, CRYSTAL WHITE with his taser and proceeded to use
unreasonable force when performing the arrest of Plaintiff, CRYSTAL WHITE.
60. At all times relevant hereto, Defendant, OFFICER RUCINSKI, made

threatening statements and/or physical movements creating within Plaintiff a well-founded
fear of imminent peril and/or contact.
61. Defendant, OFFICER RUCINSKI, had the apparent ability to carry out the
act.
62. Defendant, OFFICER RUCINSKI, did physically carry out the act when he
used unreasonable force when performing the arrest of Plaintiff, CRYSTAL WHITE.
63. The misconduct of Defendants, OFFICER WOODSIDE, OFFICER FAIR,
and OFFICER RUCINSKI, directly and proximately caused Plaintiff to suffer numerous
injuries including, but not limited to, the damages set forth in paragraph 40 of this
Complaint.
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Respectfully submitted,
/s/ Colin D. Gerish

(248) 355-5555
Dated: June 12, 2020
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Case 2:20-cv-11543-SDD-RSW ECF No. 1-1 filed 06/12/20 PageID.14 Page 1 of 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN IN THE SOUTHERN DIVISION
CRYSTAL WHITE,
Plaintiff, Case No.

Hon.
v
CITY OF SOUTHFIELD, d/b/a Southfield

Police Department, OFFICER WOODSIDE,
OFFICER FAIR, OFFICER RUCINSKI,
in their Official and Individual capacities,
Defendant.

(248) 355-5555
c.gerish@fiegerlaw.com_____________________________________
JURY DEMAND
NOW COMES Plaintiff, CRYSTAL WHITE, by and through her attorneys,

Fieger, Fieger, Kenney & Harrington, P.C., and hereby requests a trial by jury in the
above-captioned matter.
Respectfully Submitted,
Dated: June 12, 2020 /s/ Colin D Gerish

Attorneys for Plaintiff
19390 West Ten Mile Road
(248) 355-5555
{00911127.DOCX} 1

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Case 2:20-cv-11543-SDD-RSW ECF No. 1 filed 06/12/20 PageID.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN IN THE SOUTHERN DIVISION

Plaintiff, Case No.

CITY OF SOUTHFIELD, d/b/a Southfield

GEOFFREY N. FIEGER (P30441)

Attorneys for Plaintiffs

Plaintiff, CRYSTAL WHITE, by and through her attorneys, FIEGER, FIEGER,

above-named Defendants, states as follows:

2. This court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 (a)(3),

federal claims pursuant to 28 U.S.C. §1367.

3. The amount in controversy exceeds seventy-five thousand dollars,

excluding interests, costs, and attorney fees.

4. Venue lies in the Eastern District of Michigan pursuant to 28 U.S.C §

the Eastern District of Michigan, Southern Division.

of the City of Southfield, County of Oakland, State of Michigan.

6. At all times relevant hereto, OFFICER J. WOODSIDE (herein referred to as

Southfield Police Department.

7. At all times relevant hereto, OFFICER M. FAIR (herein referred to as

8. At all times relevant hereto, OFFICER A. RUCINSKI (herein referred to as

Southfield Police Department.

forth in the previous paragraphs of this Complaint.

10. On January 9, 2020, Plaintiff, CRYSTAL WHITE, a 38-year-old woman,

Plaintiff’s mother’s residence.

Department and reported a domestic dispute.

Plaintiff’s mother’s home.

them in her car.

14. While CRYSTAL WHITE was packing her belongings, Defendants,

15. Defendant, OFFICER FAIR, immediately accused Plaintiff, CRYSTAL

WHITE, of being armed.

18. As Plaintiff, CRYSTAL White was demonstrating she was unarmed,

Defendant, OFFICER WOODSIDE, lunged forward and punched CRYSTAL WHITE in

the left side of her face.

19. Immediately after OFFICER WOODSIDE withdrew from striking

21. After Plaintiff, CRYSTAL WHITE, had been subdued by Defendants,

OFFICER WOODSIDE and OFFICER FAIR, Defendants OFFICER WOODSIDE,

OFFICER FAIR, and OFFICER RUCINSKI, forcibly handcuffed Plaintiff, CRYSTAL

WHITE, despite Plaintiff not being a flight risk.

proximately caused CRYSTAL WHITE’s injuries as set forth herein.

24. The misconduct of Defendants, OFFICER WOODSIDE, OFFICER FAIR,

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

judgment in her favor against Defendants and in an amount in excess of seventy-five

thousand dollars ($75,000) exclusive of costs, interest and attorney fees.

COUNT I - 42 U.S.C § 1983-EXCESSIVE FORCE

forth in the previous paragraphs of this Complaint.

Amendments to the United States Constitution.

United States Constitution.

Amendments to the United States Constitution.

Fourteenth Amendment to be free from excessive force by law enforcement.

33. Under all the circumstances known to Defendant OFFICER WOODSIDE,

34. Defendant OFFICER WOODSIDE violated Plaintiff's clearly established

posing a flight risk.

visibly unarmed and not posing a flight risk.

36. Defendant OFFICER FAIR violated Plaintiff's clearly established right to

37. Under all the circumstances known to Defendant OFFICER RUCINSKI,

clearly excessive when OFFICER RUCINSKI arrested Plaintiff, CRYSTAL WHITE.

38. Defendant OFFICER RUCINSKI violated Plaintiff's clearly established

and tased, and did not pose a flight risk.

pose a threat to the safety of Defendants or others.