DEFENDANT AWCC EXHIBIT A-1

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
DEFENDANT AWCC EXHIBIT A-1

DEFENDANT AWCC EXHIBIT A-1

IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

MEREDITH T. RANEY,
Plaintiff,
vs.
CITY OF MELBOURNE,
Defendant.

CASE NO.: 97-3763-CA-X

COMPLAINT

Plaintiff, MEREDITH T. RANEY, sues Defendant, CITY OF MELBOURNE, and alleges:

General Allegations

1. This is an action for damages in excess of Fifteen Thousand ($15,000.00) Dollars.

2. The Plaintiff, MEREDITH T. RANEY, is an individual residing in Brevard County, Florida.

3. Defendant, CITY OF MELBOURNE is, and at all times material in this Complaint was, a municipal corporation existing by virtue of the laws of Florida.

COUNT I

4. Plaintiff realleges paragraphs 1 through 3.

5. On January 28, 1995, at 1564 Dixie Way, Melbourne, Florida, a certain police officer of Defendant, CITY OF MELBOURNE, Brevard County, Florida, acting as a police officer, wrongfully, unlawfully, against Plaintiff's will, and without probable cause, forcibly arrested the Plaintiff and compelled the Plaintiff to go with the police officer to the police station. Plaintiff was held against his will for a period in excess of two (2) hours.

6. Plaintiff, at the time he was arrested and imprisoned, was acting peaceably and in a lawful manner. No warrant for Plaintiff's arrest and imprisonment was ever issued.

7. The restraint of Plaintiff by the Melbourne Police, acting under authority of the Defendant, CITY OF MELBOURNE, was unreasonable and not warranted by the circumstances.

8. On January 28, 1995, Plaintiff was released from the city jail, and all charges were subsequently dismissed.

9. By reason of the above, Plaintiff has been deprived of his liberty, and has endured great physical and mental suffering, humiliation, shame, public ridicule, and has been caused inconvenience and discomfort, all to Plaintiff's damage.

10. On June 26, 1996, pursuant to Florida Statutes, a claim was filed with the City of Melbourne by the Plaintiff. A copy of the claim is attached as Exhibit "A".

11. The City of Melbourne failed to respond, and the statutory period required by Florida Statute 768.28 has run. Therefore, the conditions precedent to the filing of this complaint have occurred.

WHEREFORE, the Plaintiff requests judgment against Defendant for damages, together with costs of suit, and such further relief as the court deems proper. Plaintiff further requests trial by jury of all issues so triable.

COUNT II

12. Plaintiff realleges paragraphs 1 through 3.

13. On April 26, 1995, at 1564 Dixie way, Melbourne, Florida, certain police officer of Defendant, CITY OF MELBOURNE, Brevard County, Florida, acting as a police officer, wrongfully, unlawfully, against Plaintiff's will, and without probable cause, forcibly arrested the Plaintiff and compelled the Plaintiff to go with the police officer to the police station. Plaintiff was held against his will for a period in excess of thirty-eight (38) hours.

14. Plaintiff, at the time he was arrested and imprisoned, was acting peaceably and in a lawful manner. No warrant f or Plaintiff's arrest and imprisonment was ever issued.

15. The restraint of Plaintiff by the Melbourne Police, acting under authority of the Defendant, CITY OF MELBOURNE, was unreasonable and not warranted by the circumstances.

16. On April 27, 1995, Plaintiff was released from the city jail, and the case was subsequently dismissed.

17. By reason of the above, Plaintiff has been deprived of his liberty, and has endured great physical and mental suffering, humiliation, shame, public ridicule, and has been caused inconvenience and discomfort, all to Plaintiff's damage.

18. On June 26, 1996, pursuant to Florida Statutes, a claim was filed with the City of Melbourne by the Plaintiff. A copy of the claim is attached as Exhibit "B".

19. Regarding failure to respond

COUNT III

20. Plaintiff realleges paragraphs 1 through 3.

21. On January 24, 1996, at 1564 Dixie Way, Melbourne, Florida, a certain police officer of Defendant, CITY OF MELBOURNE, Brevard County, Florida, acting as a police officer, wrongfully, unlawfully, against Plaintiff's will, and without probable cause, forcibly arrested the Plaintiff and compelled the Plaintiff to go with the police officer to the police station. Plaintiff was held against his will for a period in excess of ten (10) hours.

22. Plaintiff, at the time he was arrested and imprisoned, was acting peaceably and in a lawful manner. No warrant for Plaintiff's arrest and imprisonment was ever issued.

23. The restraint of Plaintiff by the Melbourne Police, acting under authority of the Defendant, CITY OF MELBOURNE, was unreasonable and not warranted by the circumstances.

24. On January 24, 1996, Plaintiff was released from the city jail, and Plaintiff was found not guilty.

25. By reason of the above, Plaintiff has been deprived of his liberty, and has endured great physical and mental suffering, humiliation, shame, public ridicule, and has been caused inconvenience and discomfort, all to Plaintiff's damage.

26. On June 26, 1996, pursuant to Florida Statutes, a claim was filed with the City of Melbourne by the Plaintiff. A copy of the claim is attached as Exhibit "C".

MEREDITH T. RANEY <signed>