Case 2:19-at-00321 Document 1 Filed 04/27/19 Page 1 of 6

1 Stanley Goff, Bar No. 289564

15 Boardman Place Suite 2
2 San Francisco, CA 94103
Telephone: (415) 571-9570
3 Email: scraiggoff@aol.com
4
Attorney for Plaintiff Scanvinski Hymes
5
6 UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
7
SCANVINSKI HYMES,
CASE NO.:
8
9 Plaintiffs,
COMPLAINT FOR DAMAGES
10 v.
1. Violation of Fourteenth Amendment 42
11 U.S.C §1983(Deliberate Indifference, Monell)
2. Negligence (Vicarious Liability)
12 3. Declaratory and Injunctive Relief
13 SACRAMENTO COUNTY; DEPUTY
STEPHEN MICHAEL BUCCELLATO, and
14 DOES 1-25;

15 Defendants.
DEMAND FOR JURY TRIAL
16
17
18
19
20
21
22
23
24
25
26
27
28

1
 Case 2:19-at-00321 Document 1 Filed 04/27/19 Page 2 of 6

1
2 Plaintiff, demanding a jury trial, brings this civil rights action against Defendants
3 SACRAMENTO COUNTY, SACRAMENTO COUNTY SHERIFF’S DEPUTY STEPHEN
4 MICHAEL BUCCELLATO, and DOES 1-25, inclusive, for general, consequential,
5 compensatory, punitive and statutory damages, costs and attorneys’ fees resulting from
6 defendants’ unconstitutional and tortious conduct, and therefore allege as follows:
7 I. PARTIES
8 1. Plaintiff Scanvinski Hymes, is an individual who is currently an inmate housed in the
9 San Francisco County Jail in San Francisco Ca.
10 2. Defendant Sacramento County is a legal entity established under the laws of the State of
11 California with all the powers specified and necessarily implied by the Constitution and laws of
12 the State of California. Sacramento County is a municipality located within the Eastern District
13 of California.
14 3. Defendant Sacramento County Sheriff’s Deputy Stephen Michael Buccellato is an
15 individual and was employed by the Sheriffs Office of Sacramento County at all times relevant
16 to this complaint. This Defendant is being sued in his individual capacity.
17 4. Defendant Does 1-25 are defendants whose capacities are unknown to Plaintiffs, but
18 upon ascertaining these individuals identities, the Plaintiffs will seek leave to amend to name
19 these people as defendants in this case.
20 5. All defendants acted under the color of law as it pertains to this complaint.
21 II. JURISDICTION AND VENUE
22 6. This action is brought pursuant to 42 U.S.C. §§ 1983, 1988 and 12132 and the Fourteenth
23 Amendment to the United States Constitution. This Court has jurisdiction over Plaintiff’s claims
24 under 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a).
25 7. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because the events giving rise
26 to this action occurred in Sacramento County, which is located in the Eastern District.
27
28

2
 Case 2:19-at-00321 Document 1 Filed 04/27/19 Page 3 of 6

1 III. STATEMENT OF FACTS

2 8. On August 17, 2018, the Plaintiff was being transferred by the Defendant from Family
3 Court in Sacramento back to the Sacramento County Jail.
4 9. The Defendant shackled the Plaintiff in handcuffs and leg restraints and placed him in
5 a seat in the back of a transport vehicle. However, the Defendant did not secure the Plaintiff in a
6 seat belt.
7 10. While in route to the Sacramento County Jail from Family Court, the Defendant drove
8 the transport vehicle at unsafe speeds and in a reckless manner, which led to him slamming on
9 the brakes in an abrupt and reckless manner.
10 11. Due to the Defendants’ reckless driving, the transport vehicle rear-ended another vehicle.
11 12. As a result of the force of impact from the collision, the Plaintiff, who was not
12 restrained in a seat belt and could not break his fall with his restrained hands, was thrown with
13 great force approximately five feet inside of the transport vehicle, causing him to suffer severe
14 injuries to his back.
15 13. Plaintiff has filed a timely government claim against Defendants pursuant to California
16 Government Code §910, et seq. Plaintiff’s claim was subsequently rejected by Sacramento
17 County on March 5, 2019.
18 IV. CAUSES OF ACTION
19 FIRST CLAIM
20 (Violation of Fourteenth Amendment Rights 42 U.S.C §1983 (Due Process – As to All
21 Defendants)
22 14. Plaintiff Scanvinski Hymes incorporates herein by reference the preceding paragraphs of
23 this complaint as fully set forth herein.
24 15. That the transport of the Plaintiff to the Sacramento County Jail, the Defendant Stephen
25 Michael Buccellato did not secure the Plaintiff in a seatbelt, while he was being transported in a
26 vehicle operated by the Defendant.
27
28

3
 Case 2:19-at-00321 Document 1 Filed 04/27/19 Page 4 of 6

1 16. That during the time that the Plaintiff was not secured in a seatbelt, the Defendant
2 Stephen Michael Buccellato operated the transport vehicle carrying the Plaintiff in a reckless
3 manner.
4 17. That as a result of the Defendant operating the transport vehicle carrying the Plaintiff in a
5 reckless manner, they were involved in an auto collision.
6 18. That as result of the Plaintiff not being secured in a seatbelt in combination with the
7 Defendant operating the transport vehicle in a reckless manner, the Plaintiff was thrown with
8 great force inside of the transport vehicle, causing him to suffer severe injuries to his back.
9 19. Defendant Stephen Michael Buccellato exhibited deliberate indifference to Plaintiff’s
10 constitutional rights in that Defendant knew of the dangerous condition that the Plaintiff was
11 placed in by the Defendant not securing him in a seatbelt and driving in a reckless manner, knew
12 of the risk of danger those conditions posed, and failed to take any corrective action to remedy
13 those conditions.
14 20. The acts of Defendant constituted a violation of the Fourteenth Amendment to the
15 Constitution of the United States.
16 21. Plaintiff suffered damages, including physical and emotional injury, as a result of the
17 Defendant’s acts.
18 22. The foregoing violation of Scanvinski Hymes’ constitutional rights occurred as the result
19 of the deliberate, reckless, and malicious acts, omissions, and practices of the Sacramento
20 County Sheriff’s Department. Plaintiff is informed and believes that Sacramento County has
21 sanctioned and ratified its sheriff’s deputies’ actions to engage in the deliberate indifference to
22 Plaintiff’s constitutional rights, including in this case; failed to train and supervise its deputies
23 properly to ensure they transport pre-trial detainees under the color of the law; and acted with
24 deliberate indifference in failing to properly train its deputies or to adopt policies necessary to
25 prevent such constitutional violations.
26 23. The conduct of the named Defendant as alleged, was done in conscious disregard of
27 Plaintiff’s rights and safety and thus constitutes malice.
28

4
 Case 2:19-at-00321 Document 1 Filed 04/27/19 Page 5 of 6

1 24. Because the above acts were performed in a malicious, and/or oppressive manner,
2 Plaintiff is entitled to recover punitive damages from the named Defendants Officers in an
3 amount according to proof.
4 SECOND CLAIM
5 (Negligence Claim – As to all Defendants and Does 1-25)
6 25. By virtue of the foregoing, Defendant Stephen Michael Buccellato owed Plaintiff a duty
7 of due care not to cause the Plaintiff to be placed in dangerous conditions, and that this duty was
8 breached by the Defendant when he failed to secure the Plaintiff in a seatbelt, and operated the
9 transport vehicle carrying the Plaintiff in a reckless manner.
10 26. That as a direct and proximate cause of the aforementioned acts of Defendant, Plaintiff
11 was injured as set forth above and is entitled to compensatory damages according to proof at the
12 time of trial.
13 27. Defendant is liable for all injuries caused by their acts, to the same extent as a private
14 person pursuant to California Government Code Section 820(a).
15 28. Defendant as public employee is not exonerated or immune from liability for negligence
16 for causing the Plaintiff to suffer harm pursuant to California Government Code Section 820.8.
17
18 (Vicarious Liability – As to City and County of San Francisco)
19 29. Because the Defendant Stephen Michael Buccellato was acting as an employee of
20 Sacramento County at the time of the incident, and because he were acting within the scope and
21 course of his employment and under the direct control and supervision of Sacramento County,
22 Sacramento County is liable to the Plaintiff for negligence pursuant to California Government
23 Code §815.2.
24
25
26
27
28

5
 Case 2:19-at-00321 Document 1 Filed 04/27/19 Page 6 of 6

1 (Declaratory and Injunctive Relief)

2 30. Plaintiffs incorporate herein by reference the preceding paragraphs of this complaint as
3 fully set forth herein.
4 31. There is a real and significant possibility that Defendant(s) will repeat their misconduct
5 (or that they have committed similar acts in the past). To prevent the Plaintiff and other pre-trial
6 detainees from being deprived of their Fourteenth Amendment rights, Plaintiff requests that this
7 Court declare that the Defendants’ acts were unlawful as a matter of law.
8 V. PRAYER FOR RELIEF
9 Plaintiffs pray for judgment against Defendants as follows:
10 1. For compensatory damages and other special damages according to proof;
11 2. For general damages according to proof;
12 3. For punitive damages against all individual Defendants according to proof;
13 4. The prejudgment interest at the legal rate according to proof;
14 5. For costs and reasonable attorneys’ fees as provided by law; and
15 6. For such other relief as the Court may deem fit and proper.
16
17 LAW OFFICE OF STANLEY GOFF

18 Dated: April 24, 2019 _____/s/ STANLEY GOFF______________

STANLEY GOFF
19 Attorneys for Plaintiff
20
21
22
23
24
25
26
27
28

6
JS 44 (Rev. 08/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
Case
provided by local rules of court. This 2:19-at-00321
form, approved Document
by the Judicial Conference 1-1 States
of the United Filed 04/27/19
in September Pagefor1 the
1974, is required ofuse
2 of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Scanvinski Hymes Sacramento County; STEPHEN MICHAEL BUCCELLATO

(b) County of Residence of First Listed Plaintiff San Francisco County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Stanley Goff, Esq. SBN 289564 (415-571-9570)
15 Boardman Place,
San Francisco, Ca 94103
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Clic ere for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability Leave Act ’ 893 Environmental Matters
Medical Malpractice ’ 790 Other Labor Litigation ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. Section 1983
VI. CAUSE OF ACTION Brief description of cause:
Defendants engaged in deliberate indifference of Plaintiff's 14th Amendment Rights.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
4/26/2019 /s/ Stanley Goff
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 08/16)

INSTRUCTIONS FOR ATTORNEYS

Case 2:19-at-00321 COMPLETING
Document CIVIL
1-1 Filed COVERPage
04/27/19 SHEET
2 ofFORM
2 JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. lace an in t e appropriate o . f t ere are multiple nature of suit codes associated it t e case pic t e nature of suit code
t at is most applica le. Clic ere for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.