2522-CC00402 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI TAMMY ROSS, ) ) ) Plaintiff, ) Cause No. ) vs. ) Division No. ) ALFRED MONTGOMERY ) SHERIFF - CITY OF ST. LOUIS ) ) Serveat: Civil Courts Building ) 10 North Tucker Blvd. ) 8" Floor ) St. Louis, MO 63101 ) ) ) Defendant. ) PETITION COUNTT FALSE ARREST/IMPRISONMENT NOW COMES Plaintiff, Tammy Ross, and for Count I of her cause of action, states to the Court as follows: 1, Atall times hereinafter mentioned, Plaintiff Tammy Ross was and is an individual acting in her official capacity as the Acting Commissioner of Corrections for the City of St, Louis. Plaintiff seeks damages in this lawsuit in her individual capacity 2. Atall times hereinafter mentioned, Defendant Alfred Montgomery was the elected Sheriff for the City of St. Louis and was acting both under color of law in his official capacity and in his individual capacity as well 3. On Friday, the 14" day of February, 2025, Montgomery and several of his deputies arrived at the St. Louis City Justice Center and requested to interview a particular Ww 40:01 - $202 “SO YEW - SINOT “LS 4O ALIO - PaHy ANeoUOHODIydetainee under the custody and control of the City Department of Corrections regarding an allegation of sexual assault which the Detainee made against one of Montgomery's Deputy Sheriffs. 4. Montgomery's visit on February 14, 2025, was the second one in which Montgomery requested that he be allowed to interview the Detainee. Montgomery’s first visit regarding the Detainee occurred on Thursday, February 13, 2025. 5. On both occasions, Acting Commissioner Ross lawfully and properly informed Montgomery that she needed approval from the City of St. Louis Legal Department and its Public Safety Department before she could allow him to interview the Detainee regarding the sexual assault allegedly committed by one of his Deputy Sheriffs. 6. On February 14, 2025, Montgomery nevertheless insisted on seeing the Detainee. When Acting Commissioner Ross lawfully and properly refused to allow him to see the Detainee, he indicated that she was “in contempt” and, without legal justification, unlawfully instructed one of his Deputy Sheriffs to handcuff her. 7. Atthat time, a Deputy Sheriff, at Montgomery's instance and request, handcuffed Acting Commissioner Ross’ hands behind her back and ordered her to walk over to the Sheriff's Office on the 2" Floor of the Camahan Court House. The arrest of ‘Deputy Commissioner Ross ‘was made without legal justification and without a warrant; she was not engaged in criminal activity of a nature to warrant her seizure and detention without teasonable suspicion, the ‘unlawful force used against her, or the acts of unreasonable force made under the color of law against her. WV 20:01 - $Z0Z 'S0 YUEN - SINOT “LS 40 ALIO - alts Allesju01j99138. While Acting Commissioner Ross was detained and handcuffed, Montgomery made several threatening statements to her. 9. While at the Sheriff's Office and in the presence of Acting Commissioner Ross, Montgomery called the Director of the Department of Public Safety, Charles Coyle (“Director Coyle”). Director Coyle and Montgomery discussed whether ornot Montgomery had the legal authority to arrest, handcuff and detain the Acting Commissioner of Corrections, Montgomery indicated that he had that authority. When Director Coyle asked Montgomery to put it in writing, Montgomery responded that it was not his job to do so. 10. Montgomery made several threats to Acting Commissioner Ross and indicated that he was going to detain her for forty-vight (48) hours, Montgomery insisted that he had the legal and constitutional ability to do 30 11, After some period of detention, Montgomery's attorney Blake Lawrence whispered into Montgomery's ear something, and shortly thereafter Acting Commissioner Ross ‘was told that she would be released and that she could go back to work. 12. The conduct of Defendant Sheriff Montgomery both in his individual and official capacity have caused Plaintiff to suffer embarrassment, humiliation, and emotional distress WHEREFORE, Plaintiff Ross prays for judgment against Defendant, Alfred Montgomery both in his official capacity and individually for a sum in excess of Twenty Five ‘Thousand Dollars ($25,000.00) as and for actual damages; together with costs and interest expended herein: and for other and further relief as to this Court may deem just, meet and proper. counrm BATTERY NOW COMES Plaintiff and for Count I of her cause of action states as follows: 3 WY 20:01 - $20z ‘80 YEW - SINOT "LS 4O ALIO - Paty ArjeoluoN}2—I313, Plaintiff restates and realleges as if set forth verbatim paragraphs | through 12 above. 14, On February 14, 2025, Defendant Montgomery unlawfully and intentionally placed his hands on the back of Plaintiff in order to block her freedom of movement. 15, Thereafter, at the instance and request of Defendant Montgomery, the Deputy Sherif’ unlawfully and intentionally assaulted and battered the Plaintiff by grabbing her arms behind her back and handeutfing her. 16. — That as a direct and proximate result of the assault and battery, Plaintiff has suffered serious and permanent sjuries and was prevented from aitending to her necessary business and affairs. WHEREFORE, Plaintiff prays judgement against Defendant Montgomery for compensatory damages in such sum that is fair and reasonable, for costs and for other appropriate relief this Court deems just, meet and proper. NOW COMES Plaintiff and for Count IT] of her cause of action states as follows: 17, Plaintiff restates and realleges as if set forth verbatim paragraphs | through 12 of ‘Count | and paragraphs 14 through 16 of Count Il. 18. This action arises under the United States Constitution, particularly under the provision of the Fourth, Sixth and Fourteenth Amendments of the Constitution of the United States, and under federal law, particularly the Civil Rights Act, Title 42 of the United States Code Section 1983 and 1988, Ww 40:01 - $202 ‘$0 YEW - SINOT “LS 4O ALIO - Pay AjeoluoAoe.y19. The acts of Defendant Montgomery alleged herein were done by Montgomery and his Deputy Sheriffs under the color and pretense of the statutes, ordinances, regulations, customs and usages of the State of Missouri, the City of St. Louis and under the authority of his office as Sheriff for the City of St. Louis. 20. By reason of the illegal arrest, detention and imprisonment of the Plaintiff, Plaintiff was unable to attend to her duties as the Acting Commissioner of Corrections for the City of St. Louis. 21. By reason of the conduct of the Defendant, Plaintiff has sustained injuries. 22. The conduct of the Defendant deprived Plaintiff of the following rights, privileges ‘and immunity secured to her by the Constitution of the United States: a The right of Plaintiff to be secure in her person and affects against uunreasonable search and seizures under the Fourth and Fourteenth Amendments to the Constitution of the United States; ‘The right of Plaintift'to be informed of the nature and cauise of the accusation against her secured to her under the Sixth and Fourteenth Amendments to the Constitution of the United States; © ‘The right of Plaintiff not to be deprived of life, liberty or property without due process of law and the tight to the equal protection of the law secured by the Fourteenth Amendment to the Constitution of the United States, 23. The above-described acts of Defendant Montgomery and his subordinates were committed knowingly and intentionally by reason of which Plaimiff is entitled to an award of damages and attorney's foe Wv 40:01 - S202 ‘S0 YUEN - SIND “LS 4O ALIO- Pals AreoluoN}Z—I324, By reason of the mentioned acts and omissions of Defendant, Plaintiff was required to retain counsel to institute and prosecute this action, and Plaintiff requests payment by Defendants of a reasonable sum as and for attomney’s fees and litigation expenses pursuant to 42 US.C.A. § 1988. WHEREFORE, Plaintiff Tammy Ross prays judgment against Defendant Montgomery individually and in his capacity as Sheriff of the City of St. Louis for a sum of actual damages in excess of Twenty Five Thousand Dollars ($25,000.00); for costs of this action and attorney's fees; and for such other and further relief as to this Court may deem just, meet and proper. {si Joseph V. Joseph V. Neill #28472 Attorney for Plaintiff 5201 Hampton Avenue St. Louis, Missouri 63109 Phone: (314) 353-1001 Fax: (314) 353-0181 aol KISTNER, HAMILTON, ELAM & MARTIN, LLC /s/ Elkin L. Kistner Elkin L. Kistner #35287 Sean M, Elam 456112 William E. Kistner #70540 1406 North Broadway St. Louis, MO 63102 Telephone: (314) 783-9798 Facsimile: (314) 944-0950 E-mail: elk: w-lOrt.com ‘ma rent Autorneys for Plaintiff 6 WY 20:01 - $202 ‘$0 HOE - SNOT “LS JO ALIO ~ pally AjeotuoD—)3