UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CONNIE SCOTT and CARL (BUD) SCOTT, individually, and on behalf of and as guardians and next friends of [redacted] Scott, a minor, Plaintiffs, vs. JOHN E. SAMSON, County Attorney for Washington County, in his individual and official capacities; WASHINGTON COUNTY; DARRELL HOWARD, KEVIN WILLIS, and OFFICERS JOHN DOE I-IV, as members of the Washington County Sheriff's Department, in their individual and official capacities; JOSEPH LAGER, NICHOLAS THALLIS, BENJAMIN SHEAR, and OFFICERS JOHN DOE V-VIII, as members of the Blair, Nebraska Police Department, in their individual and official capacities; [redacted] , a minor, by and through his guardian and next friend; KATHY TULL, individually and as guardian and next friend of [redacted], JOHN TULL, DR. K.C. BAGBY and JAMES JORDAN, in their individual capacities, Defendants. CIVIL ACTION NO._____ COMPLAINT AND DEMAND FOR JURY TRIAL INTRODUCTORY STATEMENT 1. This is an action under 42 U.S.C. Sections 1983, 1988 and Nebraska law seeking damages and other appropriate relief from public officials, and others acting in concert with them, for the unconstitutional and tortious interference with plaintiff [redacted] Scott's right to reproductive choice and the plaintiffs' right to family integrity effected when the defendants assaulted the plaintiffs in their home, illegally seized plaintiff [redacted] Scott, and removed her from her family in order to prevent her from making a free choice about whether to carry her pregnancy to term. JURISDICTION AND PARTIES 2. Jurisdiction of this action is based on 28 U.S.C. Sections 1331 and 1343. The plaintiffs further invoke the supplemental jurisdiction of this Court with respect to claims arising under state law pursuant to 28 U.S.C. Section 1367. 3. Plaintiff [redacted] Scott is a woman under the age of 18. [redacted] Scott resided in Blair, Nebraska during the times relevant to this complaint. In July 1995, [redacted] Scott moved from Blair with her parents, Connie and Carl Scott. [redacted] Scott appears in this action by and through her general guardians and next friends Connie and Carl Scott. 4. Plaintiff Connie Scott is [redacted] Scott's mother. Connie Scott resided in Blair, Nebraska during the times relevant to this complaint. In July, 1995, she moved from Blair with Carl and [redacted] Scott. Connie Scott files on her own behalf and as a general guardian and next friend of [redacted] Scott. 5. Plaintiff Carl (Bud) Scott is [redacted] Scott's father. During the times relevant to this complaint, Carl Scott lived in Blair, Nebraska in the same house as Connie and [redacted] Scott. In July 1995, he moved from Blair with Connie and [redacted] Scott. Carl and Connie Scott have not yet sold the family home in Blair. Carl Scott files on his own behalf and as a general guardian and next friend of [redacted] Scott. 6. Defendant John E. Samson is the County Attorney for Washington County, Nebraska and, as such, is responsible for making county policies and determining county practices and customs for the enforcement of the Nebraska child protection laws, and for investigating, initiating, and litigating actions under those laws. At all times relevant to this complaint, Samson was acting under color of state law. He is sued in both his individual and official capacities. 7. Officers Darrell Howard, Kevin Willis and John Doe I-IV are members of the Washington County Sheriff's Department and, as such, are responsible for enforcement of the laws, including the Nebraska child protection laws. At all times relevant to this complaint, the defendant officers were acting under color of state law. They are sued in both their individual and official capacities. 8. Defendant Washington County is a county of the State of Nebraska. At all times relevant to this complaint, defendant Washington County acted under color of state law. Through defendant John E. Samson and others, defendant Washington County makes county policies and determines county practices and customs for the enforcement of the Nebraska child protection laws, including the investigation, initiation, and litigation of actions under those laws. Through defendants Darrell Howard, Kevin Willis, and John Doe I-IV, defendant Washington County implements its policies, practices and customs relating to the enforcement of the Nebraska child protection laws. 9. Officers Joseph Lager, Nicholas Thallis, Benjamin Shear and John Doe V-VIII are members of the Blair, Nebraska Police Department and, as such, are responsible for the enforcement of the laws, including the Nebraska child protection laws. At all times relevant to this complaint, the defendant officers were acting under color of state law. They are sued in both their individual and official capacities. 10. Defendant [redacted] is a man under the age of 18 who resides in Blair, Nebraska. 11. Defendant Kathy Tull resides in Blair, Nebraska and is the mother of [redacted]. 12. Defendant John Tull resides in Blair, Nebraska and is the stepfather of [redacted]. 13. Defendant K.C. Bagby is a physician and defendant James Jordan is a physician's assistant who, at all times relevant to this complaint, were practicing at the Blair Medical Group in Blair, Nebraska. 14. At all times relevant to this complaint, defendants [redacted], Kathy Tull, John Tull, K.C. Bagby and James Jordan were acting in concert with defendant public officials and thereby acting under color of state law. FACTS 15. In September 1994, plaintiff [redacted] Scott, who at the time was 15 years old, became aware that she was pregnant. [redacted] had not questioned the absence of her menstrual period immediately, because her periods were consistently irregular. On Monday, September 26, she informed her parents, plaintiffs Connie and Carl Scott, that she was pregnant as a result of sexual relations with her boyfriend [redacted]. Together the plaintiffs decided to have [redacted] consult a physician and to consider her options. 16. Defendants [redacted] and his mother and stepfather Kathy and John Tull had become aware of the pregnancy on the afternoon of September 26 because Kathy had [redacted] take two home pregnancy tests at the Tulls' house. Later that evening, Kathy and John Tull made an unsolicited visit to the Scotts' home. The Tulls informed the Scotts of their desire to help raise [redacted] child, even though [redacted] had not yet decided whether or not she would carry her pregnancy to term. 17. On Tuesday, September 27, plaintiff [redacted] Scott was examined by Dr. Carol Weckmuller at the Blair Medical Group. The family's regular doctor was on vacation at the time. [redacted] was accompanied by her mother Connie Scott. Based on a physical examination, Dr. Weckmuller informed [redacted] and Connie Scott that she estimated that [redacted] was twenty-three weeks pregnant. Dr. Weckmuller advised [redacted] where she could get an abortion, should that be her choice. [redacted] Scott informed defendant Kathy Tull, by telephone, of the developments that day. 18. On Wednesday, September 28, [redacted] spoke at length with her family about her options. After extensive deliberation, [redacted] decided to seek an abortion. 19. On Wednesday, September 28, [redacted] made an appointment by telephone for an abortion. During the phone call, [redacted] spoke to a clinic employee, who asked her a series of questions and then explained the abortion procedure to her. Connie Scott also talked to the employee and gave her additional information. [redacted] then spoke again with the clinic employee, who asked again whether [redacted] really wanted an abortion. [redacted] replied yes, and scheduled an appointment. 20. Early that evening, [the boyfriend] came over to [the Scott's] house. [redacted] told him that she planned to have an abortion. He was upset, saying she was killing a baby. Mid- evening Kathy Tull called the Scotts, screaming and saying such upsetting things that Connie Scott hung up the telephone. 21. Shortly thereafter someone pounded on the Scotts' door. Carl Scott went to answer the door, but before he could open it, defendant [the boyfriend] kicked the door, causing it to hit Carl in the eye and [redacted] across the face. Present with [the boyfriend] at the Scott home were, among others, Kathy and John Tull, another Tull family member, and several of [the boyfriend]'s friends. They were screaming, calling the Scotts "baby killers" and other derogatory names, pulling [redacted], and hitting Carl. Connie Scott called the police to the house because of the violence against her family. When the police arrived, including defendants Willis, Lager, Thallis, Shear and John Does I-VIII, [the boyfriend] struck Officer Lager and was arrested. Kathy Tull assaulted Connie Scott by kicking her in the stomach. Kathy Tull was not arrested. Two officers asked [redacted] if she had made an appointment for an abortion, to which she responded, yes. 22. At least one deputy from the Sheriff's Department, defendant Officer Darrell Howard, arrived at the scene separately. He tried to give [redacted] a manila envelope containing anti-abortion literature. Earlier that day, Officer Howard, who is active in the anti-choice movement in Blair, had met with the Tulls at their home apparently for the purpose of preventing [redacted] from obtaining an abortion. 23. After the altercation, the plaintiffs and [redacted]'s younger brother went to their cousins' house for the night. The plaintiffs had earlier told the police that they would be staying at their cousins' home in Blair that night and had given the officers their cousins' address. 24. That same day, September 28, without [redacted] Scotts' consent, defendant Kathy Tull discussed [redacted]'s pregnancy and abortion plans with defendants Bagby and Jordan apparently for the purpose of preventing [redacted] from obtaining an abortion. Defendants Bagby and Jordan cooperated, by writing a letter stating that "any elective abortion could potentially cause medical and emotional damage to the mother at any stage of pregnancy" and that an abortion at twenty-three weeks "could be harmful" to [redacted]. (Emphasis added.) Neither Bagby nor Jordan had ever examined or spoken with [redacted]. The letter does not state that an abortion at twenty-three weeks is legal and is accepted medical practice, nor does it note that carrying to term and delivering a child could also be harmful to [redacted]. Kathy Tull then took the letter to the Blair police station. Attached as Exhibit A is a copy of that letter. 25. At around 12:30 a.m. on Thursday, September 29, the plaintiffs were awakened by police at their cousins' house. More than ten law enforcement vehicles surrounded the house. Present were members of the Blair Police Department, including defendants Lager, Thallis and Shear, as well as county officers. The police took [redacted] into custody. They did so for the purpose of preventing [redacted] from obtaining an abortion. 26. The Scotts were told that [redacted] was being taken into protective custody. The police offered the Scotts little explanation as to why [redacted] was being taken into custody except to show them the letter from defendants Bagby and Jordan, and to say that defendant John E. Samson, the County Attorney, had directed them to take [redacted] into custody. The police told the Scotts there would be a hearing at 9 a.m. that morning, and advised them to get an attorney. They did not inform the plaintiffs where they were taking [redacted] or what they would do with her. The plaintiffs were extremely frightened and confused by the police removing [redacted] in the middle of the night to an undisclosed place for an undefined purpose. 27. [redacted] was taken by the police to the Blair police station. [redacted] was at the police station for several hours. During this time, the police did not give her written notice of the reasons she was taken into custody. During this time, [redacted] also noticed anti-choice materials on one of the lockers in the station. 28. After several hours at the police station, [redacted] was transported to the home of a foster family who were strangers to her. At approximately 3:30 a.m., plaintiffs Connie and Carl Scott received a call from Deborah Bales, whom they did not know, but who identified herself as being with the Nebraska Department of Social Services. Ms. Bales informed the Scotts that [redacted] was safe and urged them to get an attorney. 29. Early Thursday morning, September 29, plaintiffs Connie and Carl Scott sought and obtained counsel. Their attorney was informed by defendant County Attorney Samson that no hearing would be held that day because there were no judges in town. Plaintiffs Connie and Carl Scott were not told when a hearing would be held, nor were they given the option of going to another town to appear before a judge in order to avoid further delay. 30. On Thursday morning, defendant County Attorney John Samson interrogated [redacted] Scott. [redacted] was alone throughout the questioning, even though defendant Samson knew that she was under eighteen years of age and that her parents were available. Defendant Samson further knew that the Scotts had retained counsel. Defendant Samson also refused Deborah Bales' requests that he release [redacted]. Instead, he filed a baseless petition with the Washington County Juvenile Court under the child protection law, alleging that [redacted] was in a situation dangerous to life or limb or injurious to her health. The only stated reasons for the petition were that plaintiffs Connie and Carl Scott "had made arrangements" for [redacted] Scott to obtain an abortion and that defendant Bagby had provided a letter to law enforcement officials stating that an elective abortion could be harmful to [redacted]. A copy of the petition is attached as Exhibit B. 31. On Thursday, September 29, the Scotts discovered that fliers had been posted all over Blair stating that plaintiffs Carl and Connie Scott were "murderers." Members of [the boyfriend's] family and his friends were responsible for posting the fliers. 32. On Friday afternoon, September 30, the Honorable F.A. Gossett, III, of Juvenile Court of Washington County held a hearing regarding [redacted]. No guardian ad litem or attorney was ever appointed to represent [redacted]'s interests. 33. At the hearing, County Attorney Samson filed an Amended Petition alleging that [redacted] was in a situation dangerous or injurious to her health or morals and that she was being neglected by her parents. These allegations were based solely on the assertion that [redacted] was twenty-three weeks pregnant and considering an abortion. The only evidence put forth by Samson was the letter from defendants Bagby and Jordan (Ex. A), who had never examined or spoken to [redacted], stating that they believed an abortion at twenty- three weeks could be harmful to [redacted]. A copy of the Amended Petition is attached as Exhibit C. 34. The petition filed by defendant County Attorney Samson stated that the allegations against plaintiffs Connie and Carl Scott were based on reports to "Law Enforcement." The Scotts did not, however, receive written notification of the investigation from the state Department of Social Services. Nor were any of the other procedures typically associated with a child abuse or neglect investigation followed, such as the appointment of a guardian ad litem for [redacted]. 35. Upon consideration of the Amended Petition, Judge Gossett stated that [redacted] should not have been removed from the Scotts' custody. Judge Gossett ordered that the temporary placement of [redacted] with the Department of Social Services be terminated, and further ordered that [redacted] be released to the custody of her parents "on the condition that no abortion shall be performed on the subject's unborn child without further order of the Court." The order provides that any violation of its terms is punishable as contempt. A copy of the Order is attached as Exhibit D. 36. Subsequent to the hearing, [redacted] obtained protective orders from the District Court of Washington County against Kathy Tull and [redacted] prohibiting them from harassing [redacted] and entering the Scott home. These orders became permanent on October 14, 1994, and are still in effect. 37. After the incident, [the boyfriend] tried repeatedly to contact [redacted]. His friends followed [redacted] when she left the house in Blair. [redacted] was threatened with assault. [redacted] became afraid to leave the house alone. School in Blair became so threatening that [redacted] was tutored at home. [redacted] was so upset by the events that she had to seek the advice and support of a counselor. Connie and Carl Scott were also harassed. Because of the trauma to their family caused by these events and the ongoing harassment, Connie and Carl Scott decided to move from Blair. They wanted [redacted] to be able to return to school and again be with peers. Despite the move and passage of time, [redacted] continues to have nightmares. 38. Subsequent to the events, [the boyfriend] pleaded guilty to assaulting a police officer at the Scotts' house and was placed on probation for one year. 39. In December 1994, [redacted] gave birth to a baby, whom she is raising in [redacted]'s parents' home. 40. On September 22, 1995, the plaintiffs served upon defendants Washington County, John E. Samson, Darrell Howard, Kevin Willis, City of Blair, Joseph Lager, Nicholas Thallis, Benjamin Shear, and John Doe I-VII tort claim notices in the form required and provided in such cases by the laws of the State of Nebraska concerning claims of trespass, intentional infliction of emotional distress, invasion of privacy and interference with the rights to reproductive choice, family integrity, due process, and freedom from illegal search and seizure as guaranteed by the Nebraska Constitution. CLAIMS FOR RELIEF 41. The allegations set forth in paragraphs 1 through 40, inclusive, are repeated as if again set forth at length. 42. By, among other things, violently trespassing into the plaintiffs' home, assaulting [redacted] , Connie, and Carl Scott, obtaining and providing a letter to law enforcement officials misrepresenting the danger of abortion to [redacted], awakening and taking [redacted] into custody in the middle of the night, removing her from her parents, holding her in a police station and placing her with total strangers for over 36 hours, interrogating [redacted], then fifteen years of age, without counsel or her parents present, delaying the appearance before a judge for over 29 hours while refusing to release [redacted], filing and pursuing a petition and amended petition alleging that [redacted]'s consideration of her constitutional right to have an abortion was injurious to her and reflective of parental neglect and lacking any evidence of abuse or neglect under Nebraska law, prohibiting [redacted] from attending her pre-scheduled and urgent appointment for an abortion, and through ongoing harassment, the defendants, willfully participating in joint activity, have interfered with and infringed and continue to interfere with and infringe plaintiff [redacted] Scott's right to reproductive choice in violation of the Fourteenth Amendment to the United States Constitution and Art. 1, Sections 1, 3 of the Nebraska Constitution. 43. By, among other things, violently trespassing into the plaintiffs' home, assaulting [redacted] and Carl Scott, obtaining and providing a letter to law enforcement officials misrepresenting the danger of abortion to [redacted], awakening and taking [redacted] into custody in the middle of the night, removing her from her parents, holding her in a police station and placing her with total strangers for over 36 hours, interrogating [redacted], then fifteen years of age, without counsel or her parents present, delaying the appearance before a judge for over 29 hours, while refusing to release [redacted], filing and pursuing a petition and amended petition alleging that [redacted]'s consideration of her constitutional right to have an abortion was injurious to her and reflective of parental neglect and lacking any evidence of abuse or neglect under Nebraska law, prohibiting [redacted] from attending her pre-scheduled and urgent appointment for an abortion, and through ongoing harassment, the defendants, willfully participating in joint activity, have interfered with and infringed and continue to interfere with and infringe the plaintiffs' right of family integrity in violation of the Fourteenth Amendment to the United States Constitution and Art. 1, Sections 1, 3 of the Nebraska Constitution. 44. By, among other things, taking [redacted] into custody in the middle of the night, removing her from her parents, holding her in a police station and placing her with total strangers for over 36 hours, interrogating [redacted], then fifteen years of age, without counsel or her parents present, filing and pursuing a petition and amended petition alleging that [redacted]'s consideration of her constitutional right to have an abortion was injurious to her and reflective of parental neglect and lacking any evidence of abuse or neglect under Nebraska law, delaying the appearance before a judge for over 29 hours, while refusing to release [redacted], the defendants, willfully participating in joint activity, deprived the plaintiffs of their liberty without due process of law in violation of the Fourteenth Amendment to the United States Constitution and Art. 1, Section 3 of the Nebraska Constitution. 45. By, among other things, forcibly and without consent, entering the Scotts' residence, entering the residence where the plaintiffs were staying, taking [redacted] into custody, forcibly removing her from home and her parents without a judicial warrant or order, probable cause, or any exigent circumstances excusing the absence of a warrant, the defendants, willfully participating in joint activity, violated the plaintiffs' rights in violation of the Fourth and Fourteenth Amendments to the United States Constitution and Art. 1, Section 7 of the Nebraska Constitution. 46. By, among other things, intentionally kicking in the door of the Scotts' home, causing it to hit Carl Scott in the eye and [redacted] Scott across the face, and pulling, hitting, kicking and injuring [redacted] Scott, Carl Scott and Connie Scott, defendants [redacted] and Kathy Tull assaulted and battered the plaintiffs. 47. By, among other things, willfully, forcibly, and without consent, entering upon the Scotts' property and kicking in their door on the night of September 28, 1994, Defendants [redacted], Kathy Tull and John Tull trespassed upon the Plaintiffs' property. 48. By, among other things, misusing information about [redacted] Scott, without ever examining her or speaking to her, to provide a misleading letter to law enforcement officials, which caused such law enforcement officials to take [redacted] into custody unlawfully in the middle of the night, remove her from her parents, hold her in a police station and place her with total strangers for over 36 hours, defendants K.C. Bagby and James Jordan are liable for the false arrest and imprisonment of plaintiff [redacted] Scott. 49. By, among other things, obtaining and providing the above letter and making other statements to law enforcement officials, which caused such law enforcement officials to take [redacted] into custody unlawfully in the middle of the night, remove her from her parents, hold her in a police station and place her with total strangers for over 36 hours, defendant Kathy Tull is liable for the false arrest and imprisonment of plaintiff [redacted] Scott. 50. By, among other things, willfully, forcibly, and without consent, entering upon the Scotts' property and kicking in their door on the night of September 28, 1994, providing confidential medical information to third parties, obtaining and providing a letter to law enforcement officials that misrepresented the danger of abortion to [redacted] and caused law enforcement to intrude upon the home where [redacted] Scott was staying and remove her from her family, and by interfering with [redacted] Scott's right to bodily integrity and autonomy with respect to her childbearing decisions and the Scott family's right to family privacy and integrity, defendants [redacted], Kathy Tull and John Tull intruded upon plaintiffs' solitude in violation of NRS Section 20-203. 51. By, among other things, violently trespassing onto plaintiffs' property, assaulting [redacted], Carl and Connie Scott, calling them "baby killers," obtaining and providing a letter to law enforcement officials that misrepresented the danger of abortion to [redacted]and caused such law enforcement officials to take [redacted] into custody in the middle of the night, remove her from her parents, hold her in a police station and place her with total strangers for over 36 hours, all of which, in addition to continuing harassment, has resulted in injury to all plaintiffs including interference with [redacted] Scott's bodily autonomy regarding her decision whether to continue her pregnancy, and all of which has led to humiliating, disabling and debilitating emotional injury for the Scott family including, but not limited to, [redacted]'s inability to leave her house alone and to continue her education at Blair High School, and the Scott family's decision to move out of town, defendants [redacted], Kathy Tull, John Tull, K.C. Bagby, and James Jordan have intentionally inflicted emotional distress upon plaintiffs. 52. As a direct and proximate result of the foregoing actions by the Defendants, the plaintiffs have suffered and continue to suffer damages. WHEREFORE, plaintiffs pray that this Honorable Court: I. Declare that the seizure of plaintiff [redacted] Scott, removal from her family, placement in police and foster custody and interference with her right to reproductive choice and plaintiffs' right of family integrity were unconstitutional and tortious; II. Award plaintiffs compensatory and punitive damages; III. Enjoin defendants Washington County and Samson from intervening, investigating, authorizing state custody or filing further petitions, under the Nebraska child protection laws or otherwise, based on a woman's decision to consider an abortion and enjoin defendants Howard, Willis, Lager, Thallis, Shear and John Doe I-VIII from taking a minor into custody under the child protection laws of Nebraska or otherwise based on her decision to consider an abortion; IV. Award plaintiffs reasonable attorneys' fees and the costs of this action, pursuant to 42 U.S.C. Section 1988 and any other applicable law; and V. Award such further or other relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiffs demand trial by jury of all issues triable by jury in Lincoln, Nebraska. DATED:____________________ BY: ________________________ Jeanelle Kleveland, Esq. 333 South 9th Street Lincoln, Nebraska 68508 (402) 477-7776 Bar No. 17565 Cooperating Counsel for the Nebraska Civil Liberties Union ________________________ Pat Knapp, Esq. 1614 N. 31st Lincoln, Nebraska 68503 (402) 464-7272 Bar No. 17718 Cooperating Counsel for the Nebraska Civil Liberties Union ________________________ Louise Melling Reproductive Freedom Project American Civil Liberties Union Foundation 132 W. 43rd Street New York, New York 10036 (212) 944-9800 Attorneys for Plaintiffs