Oscar Grant Jr. v. BART, Mehserle Et Al.

FIRST AMENDED COMPLAINT FOR WRONGFUL DEATH AND DAMAGES - 1
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JOHN L. BURRIS, Esq. SBN 69888
ADANT D. POINTER Esq. SBN 236229
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: (510) 839-5200
Facsimile: (510) 839-3882
[email protected]
[email protected]

Attorneys for plaintiffs

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

WANDA J OHNSON, individually and as
personal representative of the ESTATE of
OSCAR J . GRANT III, the ESTATE OF
OSCAR J . GRANT III, SOPHINA MESA as
Guardian ad Litem of minor, T.G.

Plaintiffs
vs.
BAY AREA RAPID TRANSIT DISTRICT;
GARY GEE, in his official capacity as CHIEF
OF POLICE for BAY AREA RAPID TRANSIT
DISTRICT; DOROTHY DUGGER, in her
official capacity as GENERAL MANAGER for
BART; J OHANNES MEHSERLE individually
and in his official capacity as a police officer for
BART; ANTHONY PIRONE, individually and
in his personal capacity as a police officer for
BART; MARYSOL DOMENICI, individually
and in her official capacity as a police officer for
BART; and DOES 1-50, inclusive,

Defendants.
/

CASE NO.: C09-00901 MHP

FIRST AMENDED COMPLAINT FOR
WRONGFUL DEATH AND VIOLATION OF
CIVIL RIGHTS AND DAMAGES

J URY TRIAL DEMANDED

Case3:09-cv-00901-EMC Document43 Filed11/19/09 Page1 of 19

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INTRODUCTION
This case arises out of the unlawful detention, assault and wrongful death of twenty-two year
old, Mr. Oscar J . Grant III, at the hands of several Bay Area Rapid Transit District Police Officers
during the early morning hours of New Years Day 2009.

PARTIES
1. Plaintiff herein, WANDA J OHNSON, is, and at all times herein mentioned was a
citizen of the United States. Plaintiff is the surviving mother of decedent, OSCAR J . GRANT III.
2. Plaintiff herein, the ESTATE of OSCAR J . GRANT III, is represented by and through,
WANDA J OHNSON, the decedents mother and personal representative of OSCAR J . GRANT IIIs
estate.
3. Plaintiff herein, SOPHINA MESA, is the Guardian Ad Litem of T.G., the minor
surviving daughter of decedent, OSCAR J . GRANT III.
4. Defendant BAY AREA RAPID TRANSIT DISTRICT (BART) is a governmental
entity, duly organized and existing under the laws of the State of California. BART operates the
BAY AREA RAPID TRANSIT DISTRICT POLICE DEPARTMENT (BART PD).
5. At all times herein mentioned defendant, GARY GEE (CHIEF GEE) was the
CHIEF OF POLICE for BART. Defendant, CHIEF GEE, is sued herein in his individual and official
capacity as the CHIEF of POLICE for BART.
6. At all times herein mentioned, defendant, DOROTHY DUGGER, was the GENERAL
MANAGER for BART. Defendant, DOROTHY DUGGER, is sued herein in her official capacity as
the GENERAL MANAGER of BART. DOROTHY DUGGER in her capacity as General Manager
for BART is responsible for the management, supervision and discipline of BART employees and is
the official policy maker for BART.
7. At all times mentioned herein, defendant J OHANNES MEHSERLE was an employee
of BART. He is being sued individually and in his official capacity as a POLICE OFFICER for
BART.

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8. At all times mentioned herein, defendant ANTHONY PIRONE was an employee of
BART. He is being sued individually and in his official capacity as a POLICE OFFICER for BART.
9. At all times mentioned herein, defendant MARYSOL DOMENICI was an employee
of BART. She is being sued individually and in her official capacity as a POLICE OFFICER for
BART.
10. Plaintiffs are ignorant of the true names and capacities of Defendants DOES 1 through
50, inclusive, and therefore sue these defendants by such fictitious names. Plaintiffs are informed
and believe and thereon allege that each defendant so named is responsible in some manner for the
injuries and damages sustained by plaintiffs as set forth herein. Plaintiffs will amend their complaint
to state the names and capacities of DOES 1-50, inclusive, when they have been ascertained.
11. DOES 1 through 25, inclusive, are police officers employed by defendant BART,
acting within the course and scope of their employment by defendant BART, and were directly
involved in the detention, arrest and wrongful death of decedent. DOES 26 through 50, inclusive, are
defendant police officers employed by defendant BART, acting within the course and scope of their
employment by defendant BART, were employed in a supervisory capacity by defendant BART and
were responsible in some manner for properly and adequately hiring, retaining, supervising,
disciplining, and training defendant police officers employed by BART in the proper and reasonable
making of detentions and arrests.
12. Plaintiffs are required to comply with an administrative tort claim requirement under
California law. Plaintiffs have complied with all such requirements.

STATEMENT OF FACTS

13. During the early morning hours of J anuary 1, 2009, Mr. Oscar J . Grant III was riding a
Bay Area Rapid Transit District train (Train) back to the east bay after a night of celebrating New
Years Eve in San Francisco. He was accompanied by Ms. SOPHINA MESA the mother of his four-
year-old child, and several other friends and acquaintances.

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14. At or about the Lake Merritt BART Station, an altercation broke out on the Train. The
altercation lasted for only a couple of hectic minutes and was punctuated by a brief exchange of
pushing and shoving. There is no evidence that physical injuries or acts of vandalism occurred
during the course of the altercation. Unbeknownst to the Trains passengers, several BART police
officers were dispatched to meet the train at the Fruitvale BART Station and quash the altercation.
However, the Train was peaceful when it arrived at the Fruitvale BART Station.
15. When the Train pulled into the Fruitvale BART Station platform, its doors opened and
many of its passengers disembarked. The Train remained with its doors open on the platform for
several minutes. Several BART Police Officers, including, but not limited to, Officers J ohannes
Mehserle, Anthony Pirone and Marysol Domenici made their way onto the Stations platform.
16. While the Train was stopped and without knowledge of any particularized facts
identifying anyone as having been involved with the altercation and without seeing anyone engaged
in criminal activity, Officer Pirone approached the Trains window and immediately pointed his taser
at Mr. Grant and his friend, Mr. Michael Greer (Mr. Grant and Mr. Greer are 22 year old African
American men). He began cursing at them and ordered them to get off the Train. As Mr. Grant and
Mr. Greer exited the Train, Officer Pirone grabbed Mr. Greer by his hair and violently threw him to
the ground, causing a deep gash across the bridge of his nose. Officer Pirone next walked over to Mr.
Grant grabbing him and walked him to a retaining wall where three other young men, all of whom
were either African American or Mexican American were being detained by Bart Officer Domenici
and Does 1 through 25. As the men, including Mr. Grant, were standing near the retaining wall,
Officer Pirone threatened to tase each of them in the face if they did not comply with his orders.
Additionally, an unknown Doe Officer directed a racial slur at one of the young men. At the time of

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this detention and threats with the taser, Officer Pirone had not seen these young men commit a crime
nor did he have any information that they had committed a crime
17. As Mr. Grant and his friends were standing, sitting and/or kneeling near the retaining
wall they began verbally questioning their detention and the Officers abusive conduct. One or more
yet to be identified Officers began handcuffing the young men despite not being aware of any
information identifying Mr. Grant or any of the other young men as being involved in the reported
altercation. Officer Domenici got in the face of the young men and repeatedly pointed her taser at
them threatening to tase them in the face. Mr. Grant continued to question the reason for his
detention and the use of threats made against him by the Officers. Neither Mr. Grant nor any of the
other young men acted in a physically aggressive manner toward Officer Domenici. At the time that
she was threatening to use her taser, the men had committed no crime.
18. As Mr. Grant and the others were protesting their detention, Officer Pirone rushed
over to where Mr. Grant was standing and aggressively assaulted him. Officer Pirones unwarranted
and unjustified assault caused Mr. Grant to drop to his knees where he immediately put his hands up
to demonstrate that he was submitting to Officer Pirone. Officer Pirone proceeded to forcefully push
Mr. Grant face down toward the pavement while threatening to taser him. Next, Officer Pirone
kneeled down and dug his knee into Mr. Grants upper back and neck thereby pushing Mr. Grants
face into the pavement. Mr. Grant cried out by telling Officer Pirone he was hurting him and that he
had a four-year-old daughter and asking Officer Pirone to not tase him.
19. Officer Mehserle, who was standing nearby when Officer Pirone was taking Mr. Grant
to the ground, kneeled down and restrained Mr. Grants hands while Officer Pirone pinned Mr. Grant
face down on the ground. Officer Mehserle stood up, drew his firearm and pointed it directly at Mr.
Grants back and without justification or provocation fired a single shot from his weapon into Mr.

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Grants back as he lay face down on the platform. Mr. Grant was unarmed; his hands were behind
his back and he was not posing a threat to Officer Mehserle when he was shot. Mr. Grant died from
the gunshot hours later at a local hospital.
20. After Mr. Grant was shot, he was immediately handcuffed and left to lie on the ground
mortally wounded without the benefit of emergency medical care. Mr. Grants friends repeatedly
asked the Officers to administer first aid and call an ambulance. None of the assembled BART Police
Officers attempted to render first aid. Instead, one or more of the BART Officers told the young men
to shut the fuck up and warned them that they better be quiet or the Officers would not call an
ambulance for Mr. Grant.
21. Within moments of the shooting, BART Police Officers immediately began seizing
witnesses cameras and other recording devices. The officers arrested the other young men on the
platform. They were placed in handcuffs and taken to the BART Police Station against their will.
They were forced to remain handcuffed and in custody for over 5 hours before they were released.
To date, no criminal charges have been filed against the young men.
22. Plaintiffs further are informed and believe and thereon allege that decedents death
was a foreseeable harm resulting from defendants failure to exercise the duty of care owed to
decedent, both by their unlawful detention, illegal arrest and intentionally using deadly and excessive
force against the decedent.
23. The above-described intentional and/or negligent conduct by defendants was a factual
and proximate cause of decedents death and plaintiffs damages.
24. Plaintiffs are informed and believe and thereon allege that Defendant BART by and
through its supervisory employees and agents, CHIEF GEE, DOROTHY DUGGER, and DOES 26-
50, inclusive, has and had a mandatory duty of care to properly and adequately hire, train, retain,

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supervise, and discipline its police officers so as to avoid unreasonable risk of harm to detainees.
With deliberate indifference BART and DOES 1-50, inclusive, failed to take necessary, proper,
and/or adequate measures to prevent the violation of the decedent and plaintiffs rights.
a. Plaintiffs are informed and believe and thereon allege that on the night of the
incident a non-professional relationship existed between one or more of the BART Officers
on the scene at the Fruitvale station and that this non-professional relationship may have
contributed to the unlawful detention, assault, and shooting death of Mr. Grant.
b. Plaintiffs are informed and believe and thereon allege that BART by and through
Chief Gee and one or more of his command officers, particularly the assignment officer(s),
were aware of this relationship yet made no effort to alter their assignment so that their work
as BART police officers would not be compromised.
c. Plaintiffs are informed and believe and thereon allege that this practice of assigning
individuals together who have a non-professional relationship was deliberately indifferent to
the constitutional rights of the decedent and the plaintiffs.
25. Plaintiffs are informed and believe and thereon allege that BART, CHIEF GEE,
DOROTHY DUGGER, and DOES 26-50, inclusive, breached their duty of care to the public in that
they failed to adequately train, supervise, and discipline their police officers in the proper making of
detentions, arrests and use of force. This lack of adequate supervisorial training demonstrates the
existence of an informal custom, policy or practice of promoting, tolerating, and/or ratifying with
deliberate indifference the continued making of unlawful detentions, arrests, and use of excessive
force against detainees by BART police officers J OHANNES MEHSERLE, ANTHONY PIRONE,
MARYSOL DOMENICI and DOES 1-50 inclusive.

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26. Plaintiffs are informed and believe and thereon allege that BART, CHIEF GEE,
DOROTHY DUGGER, and DOES 26-50, inclusive, breached their duty of care to the public in that
they have failed to discipline defendants J OHANNES MEHSERLE, ANTHONY PIRONE,
MARYSOL DOMENICI and DOES 1-25 inclusive, for their respective misconduct and involvement
in the incident described herein. Their failure to discipline defendants J OHANNES MEHSERLE,
ANTHONY PIRONE, MARYSOL DOMENICI and DOES 1-25 inclusive, demonstrates the
existence of an entrenched culture, policy or practice of promoting, tolerating and/or ratifying with
deliberate indifference the making of improper detentions and arrests, the use of racial slurs, the use
of excessive and/or deadly force and the fabrication of official reports to cover up defendants
J OHANNES MEHSERLE, ANTHONY PIRONE, MARYSOL DOMENICI and DOES 1-25s
inclusive, misconduct.
27. Plaintiffs are informed and believe and thereon allege that members of the BART
Police Department, including, but not limited to, defendants PIRONE, MEHSERLE, DOMENICI,
and/or DOES 1-25 and/or each of them, have individually and/or while acting in concert with one
another, engaged in a repeated pattern and practice of making improper detentions and/or false arrests
and using excessive, arbitrary and/or unreasonable force against individuals, including, but not
limited to decedent, Oscar Grant.
28. Plaintiffs are further informed and believe and thereon allege that said customs,
policies, patterns and/or practices are the product of a culture of tolerance at BART in which racial
slurs, verbal abuse, physical assaults, unreasonable detentions, false arrests, fabrication of police
reports and/or the violation of citizens civil rights are ignored, encouraged and/or accepted as proper
conduct by BART Police Officers.

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29. Plaintiff is further informed and believes and thereon alleges that as a matter of
official policy -- rooted in an entrenched posture of deliberate indifference to the constitutional rights
of primarily the minority citizens who travel on BART-- defendant BART has long allowed its
passengers, such as the decedent, to be abused by its police officers, including by defendants
PIRONE, MEHSERLE, DOMENICI and/or DOES 1-25 and/or each of them, individually and/or
while acting in concert with one another.
30. As a result of the pre-existing customs, policies, patterns and/or practices of such
abuses by members of defendant BARTS Police Department, decedent and plaintiffs were subjected
to the violation of their constitutional rights as alleged herein.

DAMAGES
31. As a consequence of Defendants violation of Plaintiff's federal civil rights under 42
U.S.C. 1983 and the Fourteenth Amendment, Plaintiff WANDA J OHNSON was mentally, and
emotionally injured and damaged as a proximate result of decedents wrongful death, including but
not limited to: Plaintiffs loss of familial relations, decedents society, comfort, protection,
companionship, love, affection, solace, and moral support.
32. Minor plaintiff, T.G., by and through her Guardian Ad Litem, SOPHINA MESA, is
entitled to recover wrongful death damages pursuant to C.C.P. Sections 377.60 and 377.61 and
Probate Code Section 6402(b).
33. Plaintiff, ESTATE OF OSCAR J . GRANT III, by and through, WANDA J OHNSON,
the personal representative of OSCAR J . GRANT IIIs estate, is entitled to recover wrongful death
damages pursuant to C.C.P. 377.60 and 377.61 and Probate Code 6402(b). Additionally,
plaintiff is entitled to the reasonable value of funeral and burial expenses pursuant to C.C.P.
377.60 and 377.61.

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34. Plaintiff, ESTATE OF OSCAR J . GRANT III, is entitled to recover damages by and
through WANDA J OHNSON, the personal representative of decedents estate pursuant to his right of
survivorship for the pain and suffering he endured as a result of the violation of his civil rights.
35. As a further direct and proximate result of defendants intentional and/or negligent
conduct, plaintiff T.G. has been deprived of decedents support.
36. Plaintiffs found it necessary to engage the services of private counsel to vindicate the
rights of decedent and plaintiffs rights under the law. Plaintiffs are therefore entitled to an award of
attorneys fees and/or costs pursuant to statute(s) in the event that they are the prevailing parties in
this action under 42 U.S.C. 1983, 1985-86 and 1988.

FIRST CAUSE OF ACTION
Violation of Fourth Amendment of the United States Constitution
(42 U.S.C. 1983)

37. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 36 of this complaint.
Defendants above-described conduct violated the decedents right as provided for under the Fourth
Amendment to the United States Constitution to be free from unreasonable seizures.

SECOND CAUSE OF ACTION
(42 U.S.C. 1983)

39. Defendants above-described conduct, wherein it is alleged the Defendant Officers detained
decedent without reasonable suspicion, violated decedents right as provided for under the Fourth
Amendment to the United States Constitution to be free from unlawful seizure (detention).

THIRD CAUSE OF ACTION
(42 U.S.C. 1983)


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41. Defendants above-described conduct, wherein it is alleged that the Defendant Officers
arrested decedent without probable cause violating his rights as provided for under the Fourth
Amendment to the United States Constitution to be free from unlawful seizure (arrest).

FOURTH CAUSE OF ACTION
(42 U.S.C. 1983)

42. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 41 of this
complaint.
43. Defendants above-described conduct violated decedents right as provided for under
the Fourth Amendment to the United States Constitution to be free from excessive force and/or the
arbitrary and/or unreasonable use of deadly force against him.

FIFTH CAUSE OF ACTION
(Deliberate Indifference to Decedents Medical Needs)
(42 U.S.C. 1983)

44. Plaintiffs hereby re-allege and incorporate by reference paragraphs 1 through 43 of
this Complaint.
45. Decedent was entitled to receive necessary medical attention while in the care and
custody of BART. In doing the acts complained of, defendants, and each of them, acted under color
of state law to deprive the decedent of urgently needed medical care in violation of his rights, under
the Due Process Clause of the Fourteenth Amendment.
46. As a proximate result of defendants conduct, plaintiffs suffered injuries and damages
as set forth herein.
WHEREFORE, plaintiffs pray for relief as hereinafter set forth.


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SIXTH CAUSE OF ACTION
(Conspiracy to Violate Decedents Civil Rights)
(42 U.S.C. 1985)

this Complaint.
48. In doing the acts complained of herein, Defendants PIRONE, MEHSERLE,
DOMENICI and DOES 1 25 and each of them acted in concert and conspired to violate decedents
federal civil rights to be free from unreasonable seizures and excessive and/or arbitrary force
49. Defendant PIRONE, MEHSERLE, DOMENICI and DOES 1 25 and each of them
had knowledge of the wrongs conspired to be done and committed and had the power to prevent or
aid in preventing the commission of the same. None of the Defendants attempted to prevent and/or
stop the violation of the decedents civil rights.

SEVENTH CAUSE OF ACTION
(Wrongful Death)
(42 U.S.C. 1983)

this Complaint.
51. Defendants acted under color of law by shooting and killing decedent without lawful
justification and subjecting decedent to excessive force thereby depriving Plaintiffs and the decedent
of certain constitutionally protected rights, including, but not limited to:
a. The right to be free from unreasonable searches and seizures, as guaranteed by the
Fourth and Fourteenth Amendments to the United States Constitution;
b. The right not to be deprived of life or liberty without due process of law, as guaranteed
by the Fifth and Fourteenth Amendments to the United States Constitution;

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c. The right to be free from the use of excessive force by police officers, which is
guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the United States
Constitution; and/or,
d. The right to be free from interference within the zone of privacy, as protected by the
Fourth and Ninth Amendments to the United States Constitution;
WHEREFORE, Plaintiffs pray for relief as hereinafter set forth.

EIGHTH CAUSE OF ACTION
(Violations of Plaintiffs Civil Rights to Familial Relationship)
(42 U.S.C. 1983)

52. Plaintiffs hereby re-allege and incorporate by reference herein paragraphs 1 through
51 of this Complaint as though fully set forth;
53. Defendants, acting under color of state law, and without due process of law, deprived
Plaintiffs of their right to a familial relationship by seizing decedent by use of unreasonable,
unjustified and deadly force and violence, causing injuries which resulted in decedents death, all
without provocation and did attempt to conceal their excessive use of force and hide the true cause of
decedents demise to deprive Plaintiffs of their right to seek redress, all in violation of rights,
privileges, and immunities secured by the First, Fourth, and Fourteenth Amendments to the United
States Constitution.
NINTH CAUSE OF ACTION
(Monell)
(42 U.S.C. 1983)

54. Plaintiffs hereby re-allege and incorporate by reference herein paragraphs 1 through
53 of this Complaint.
55. Plaintiff incorporates by reference and re-alleges herein Paragraphs 1 through 53.

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56. As against defendants BART, CHIEF GEE, DOROTHY DUGGER and/or DOES 26-
50 and/or each of them, individually and/or in their capacities as official policy-maker(s) for BART,
the plaintiffs further allege that the acts and/or omissions alleged in the Complaint herein are
indicative and representative of a repeated course of conduct by members of defendant BART Police
Department tantamount to a custom, policy or repeated practice of condoning and tacitly encouraging
the abuse of police authority, and disregard for the constitutional rights of citizens, such as plaintiffs.
57. Plaintiffs are informed and believe and thereon allege that the acts and/or omissions
alleged herein are the proximate result of a custom, policy, pattern or practice of deliberate
indifference by defendants BART, CHIEF GEE, DOROTHY DUGGER, DOES 26-50 and/or each of
them, to the repeated violations of the constitutional rights of citizens by BART police officers,
which have included, but are not limited to, repeated acts of: making false reports, providing false
and/or misleading information in causing detentions, arrests, imprisonments and/or malicious
prosecutions based on fabricated and/or misleading statements and/or engaging in similar acts of
misconduct on a repeated basis and failure to institute and enforce a consistent disciplinary policy
and/or early warning system.
58. Plaintiffs are further informed and believe and thereon allege that the acts and/or
omissions alleged herein are the proximate result of a custom, policy, pattern or practice of deliberate
indifference by defendants BART, CHIEF GEE, DOROTHY DUGGER, DOES 26-50 and/or each of
them, to the repeated violations of the constitutional rights of citizens by BART police officers,
which have included, but are not limited to, using excessive and/or deadly force on a repeated basis.
59. Plaintiffs are further informed and believe and thereon allege that the damages
sustained as alleged herein were the proximate result of customs, policies and/or practices which
included, but were not limited to, the failure to adequately or appropriately hold officers accountable

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for their misconduct, the failure to properly and fairly investigate complaints about officers
misconduct, the failure to enact or adopt policies to ensure adequate and/or appropriate oversight of
officers to prevent continuing violations of the rights of citizens and the failure to implement and
enforce the recommendations contained in the Internal Affairs Investigatory Report prepared for
BART by the law firm, Meyers Nave or the National Organization of Black Law Enforcement
Executives which were intended to identify, remedy and/or redress the unconstitutional conduct that
occurred in the instant case.
60. The aforementioned deliberate indifference, customs, policies or practices of
defendants BART, CHIEF GEE, DOROTHY DUGGER, DOES 51-100, and/or each of them,
resulted in the deprivation of the constitutional rights of the decedent and plaintiffs, including, but not
limited to, the following:
(a) the right not to be deprived of life, liberty or property without Due Process of Law;
(b) the right to be free from unreasonable searches and/or seizures; and/or,
(c) the right to equal protection of the law.
(d) the right to familial relationships
(e) the right to enjoy civil and statutory rights
1. Said rights are substantive guarantees under the Fourth and/or Fourteenth
Amendments to the United States Constitution.
2. As a result of the violation of their constitutional rights by defendants BART, CHIEF
GEE, DOROTHY DUGGER and/or DOES 26-50 and/or each of them, plaintiffs sustained the
injuries and/or damages as alleged heretofore in this Complaint.


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TENTH CAUSE OF ACTION
(Survival action: Violation of decedents civil rights)
(42 U.S.C. 1983)
(Plaintiff J OHNSON as personal representative of decedents estate)

61. Plaintiff hereby re-alleges and incorporates by reference herein paragraphs 1 through
60 of this Complaint.
62. OSCAR J . GRANT III was forced to endure great conscious pain and suffering
because of the Defendants conduct before his death;
63. OSCAR J . GRANT III did not file a legal action before his death;
64. Plaintiff, WANDA J OHNSON, as personal representative of the ESTATE OF
OSCAR J . GRANT III claims damages for the conscious pain and suffering incurred by OSCAR J .
GRANT III, as provided for under 42 U.S.C. 1983.
ELEVENTH CAUSE OF ACTION
(Wrongful Death - Negligence)
(C.C.P. 377.60 and 377.61)
(Plaintiff T.G., by and through her Guardian Ad Litem, SOPHINA MESA against all Defendants)

65. Plaintiff re-alleges and incorporates by reference herein paragraphs 1 through 64 of
this Complaint, except for any and all allegations of intentional, malicious, extreme, outrageous,
wanton, and oppressive conduct by defendants, and any and all allegations requesting punitive
damages.
66. Defendants and DOES 1-50 inclusive, by and through their respective agents and
employees, proximately caused the death of decedent OSCAR J . GRANT III, said plaintiff T.G.s
father, on J anuary 1, 2009 as a result of their negligent conduct and/or negligent failure to act as set-
forth herein.

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67. As an actual and proximate result of said defendants negligence, and the death of
decedent, plaintiff T.G. has sustained pecuniary loss resulting from the loss of comfort, society,
attention, services, and support of her father, decedent, in an amount according to proof at trial.
68. As a further actual and proximate result of said defendants negligence, plaintiffs
incurred funeral and burial expenses, in an amount according to proof at trial.
69. Pursuant to California C.C.P. Sections 377.60 and 377.61, plaintiffs have brought this
action, and claim damages from said defendants for the wrongful death of decedent, and the resulting
injuries.
TWELFTH CAUSE OF ACTION
(Violation of Decedents Right To Enjoy Civil Rights)
(Violation of CALIFORNIA CIVIL CODE 52.1)

complaint.
71. Defendants above-described conduct constituted interference, and attempted
interference, by threats, intimidation and coercion, with decedents peaceable exercise and enjoyment
of rights secured by the Constitution and laws of the United States and the State of California, in
violation of California Civil Code 52.1.
THIRTEENTH CAUSE OF ACTION
(Violation of Decedents State Statutory Rights)
(Violation of CALIFORNIA CIVIL CODE 51.7)
72. Plaintiff re-alleges and incorporates by reference herein paragraphs 1 through 71 of
this complaint.
73. Plaintiff is informed and believes and thereon alleges that the conduct of Defendants
PIRONE, MEHSERLE, DOMENICI and DOES 1 through 25, inclusive, as described herein, was

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motivated by prejudice against OSCAR J . GRANT III. Plaintiff is and was readily recognizable as
African-American. In engaging in such conduct, Defendants violated decedents rights under
California Civil Code 51.7 to be free from violence, or intimidation by threat of violence committed
against him because of his race.
74. Under the provisions of California Civil Code 52(b), Defendants are liable for
punitive damages for each violation of Civil Code 51.7, reasonable attorneys fees and an additional
$25,000.00.
75. As a proximate result of Defendants wrongful conduct, decedent suffered damages as
hereinafter set forth.
FOURTEENTH CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)

complaint.
77. Defendants' above-described conduct was extreme, unreasonable and outrageous.
78. In engaging in the above-described conduct, defendants intentionally ignored or
recklessly disregarded the foreseeable risk that decedent would suffer extreme emotional distress as a
result of defendants' conduct.
FIFTEENTH CAUSE OF ACTION
(Assault And Battery)

complaint.
80. Defendants above-described conduct constituted assault and battery.

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JURY DEMAND
81. Plaintiffs hereby demand a jury trial in this action.

PRAYER
WHEREFORE, plaintiffs pray for relief, as follows:
1. For general damages in a sum of $50 million dollars;
2. For special damages, including but not limited to, past, present and/or future wage
loss, income and support, medical expenses and other special damages in a sum to be determined
according to proof;
3. For funeral and burial expenses according to proof;
4. For punitive damages and exemplary damages in amounts to be determined according
to proof as to defendants Chief GEE, DOROTHY DUGGER, MEHSERLE, PIRONE, DOMENICI
and/or DOES 1 through 25 and/or each of them;
5. For reasonable attorneys fees pursuant to 42 U.S.C. 1988;
6. For cost of suit herein incurred; and
7. For such other and further relief as the Court deems just and proper.

Law Offices of John L. Burris

Dated: November 19, 2009 /s/ J ohn L. Burris
JOHN L. BURRIS, Esq.
Attorney for plaintiffs
WANDA JOHNSON, individually and in her capacity as
personal representative of the ESTATE OF OSCAR J.
GRANT III, the ESTATE OF OSCAR J. GRANT III,
SOPHINA MESA, as Guardian Ad Litem of minor, T.G.

Oscar Grant Jr. v. BART, Mehserle Et Al.

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FIRST AMENDED COMPLAINT FOR WRONGFUL DEATH AND DAMAGES - 1

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