Richard Sheldon Suit

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 1 of 31 PageID 1
FILED
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
?0!6APRI3 AH[0:2l*
CLERK, us DISTRICT COURT
HiDDLE DISTRICT OF FLOiUDA

JACKSONVILLE DISTRICT
DC CASE NO.: "5'.VU-CV-45(^-3

RICHARD SHELDON,
as a Personal Representative
of the Estate of Andrea Sheldon,
deceased, and in his individual capacity.

Plaintiff,
vs.
THOMAS CAMERON COWARD, in his
individualcapacity, and his capacity as a St. Johns

County Sheriffs Officer, SCOTT STOKES, in his
individual capacity, and his capacity as a St. John's
County Sheriffs Officer, GLENN LAPPE, in his
individual capacity, and his capacity as a St. John's
County Sheriffs Officer, JEREMY HUDDLESTON,
in his individual capacity, and his capacity as a St. Johns
County Sheriffs Officer, MICHAEL R. WILLL\MS,
in his individual capacity, and his capacity as a St. Johns
County Sheriffs Officer, TONY MATUSE, in his
individual capacity, and his capacity as a St. Johns County
Sheriffs Officer, DAVID B. SHOAR, in his capacity as
Sheriff of St. Johns County, ST. JOHNS COUNTY
SHERIFF'S OFFICE, a law enforcement organization, and
ST. JOHNS COUNTY, a municipality or subdivision
of the State of Florida,
Defendants.
/
COMPLAINT AND DEMAND FOR A JURY TRIAL
Plaintiff brings this action seeking monetary damages, attorneys' fees, and costs
and alleges as follows:
1.
This is a civil action pursuant to 42 U.S.C. 1983 and 1988 for monetary
damages, attorneys' fees, and costs for the deprivation of Plaintiffs rights secured by the
Fourth and Fourteenth Amendments to the United States Constitution as well as claims
under Florida Law,
JURISDICTION AND VENUE
2.
Plaintiff invokes the jurisdiction of this Court pursuant to 42 U.S.C.
1983 and 1988 and 28 U.S.C. 1331 and 1343, as to the Federal claims herein. The
court has supplemental jurisdiction as to the State law claims pursuant to 28 U.S.C.
1367.
3.
Venue in this district is proper pursuant to 28 U.S.C. 1391, in that the
cause of action arose in this district.
parties
4.
Plaintiff, Richard Sheldon, both in his personal capacity and as personal
representative of the Estate of Andrea Sheldon and as spouse of Andrea Sheldon since
October 20, 2001, is and was at all times relevant an adult resident of St. Augustine,
Florida, St. Johns County, Florida, and a citizen of the United States.
5.
Defendant, Cameron Coward, is and was at all times relevant an employee
of the St. Johns County Sheriffs Office. Defendant Coward is a "person" pursuant to 42
U.S.C. 1983 and at all times relevant to this action acted under color of law or in his
personal capacity.
6.
Defendant, Scott Stokes, is and was at all times relevant an employee of
the St. Johns County Sheriffs Office. Defendant Stokes is a "person" pursuant to 42
personal capacity.
7.
Defendant, Glenn Lappe, is and was at all times relevant an employee of
the St. Johns County Sheriffs Office. Defendant Lappe is a "person" pursuant to 42
personal capacity.
8.
Defendant, Jeremy Huddleston, is and was at all times relevant an
employee of the St. Johns County SherifiTs Office. Defendant Huddleston is a "person"
pursuant to 42 U.S.C. 1983 and at all times relevant to this action acted under color of
law or in his personal capacity.
9.
Defendant, Michael R. Williams, is and was at all times relevant an
employee of the St. Johns County Sheriffs Office. Defendant Williams is a "person"
10.
Defendant, Tony Matuse, is and was at all times relevant an employee of
the St. Johns County Sheriffs Office. Defendant Matuse is a "person" pursuant to 42
personal capacity.
11.
Defendant, David B. Shoar, is and was at all times relevant an employee
and Sheriff of the St. Johns County Sheriffs Office. Defendant Shoar is a "person"
12.
Defendant, St. Johns County Sheriff's Office, (hereinafter "SJSO") is a
law enforcement organization funded by St. Johns County, a municipality or subdivision

of the State of Florida.
13.
St. Johns County is a municipality or subdivision of the State of Florida
and the employer of Cameron Coward, Scott Stokes, Glenn Lappe, Jeremy Huddleston,
Michael R. Williams, Tony Matuse, David B. Shoar, (hereinafter "Defendant Officers").
FACTUAL ALLEGATIONS
14.
On April 14, 2012, Richard Sheldon and his wife, Andrea Sheldon,
resided at 2900 block of County Road 214, lot 71, St. Augustine, FL 32084.
15.
Mr. Sheldon is and was at all times relevant employed by the Jacksonville
Fire and Rescue Department (hereinafter "JFRD").

16.
Mrs. Sheldon was employed as a hospice nurse and assisted in the
operation of Hummingbird Acres, a farm and limited liability company located on the
Sheldon's residence at 2900 block of County Road 214, lot 71, St. Augustine, FL 32084.
17.
Greg Roland, Chief of the JFRD location where Mr. Sheldon was
employed, spoke with Mr. Sheldon on the night of April 14, 2012, and Chief Roland
contacted the St. Johns County Sheriff's Office.
18.
Mr. Sheldon left his residence located at the 2900 block of County Road
214, lot 71, and created a campsite with a campfire in the woods approximately five
miles away from his residence.
19.
Mr. Sheldon's residence (lot 71) is located approximately one mile down a
dirt road from County Road 214 and is very secluded.
20.
There are very few lights in the vicinity of the Sheldon's residence and it
was remote enough for the Sheldon's to keep and maintain livestock on the premises.
21.
St. Johns County Sheriffs Officers, including but not limited to
Defendants, were dispatched to the 2900 block of County Road 214 at approximately
10:40 pm to conduct a welfare check.
22.
Neither Defendant Officers nor any other employee of the St. Johns
County Sheriffs Office made any effort to nor did they make contact with either Mr. or
Mrs. Sheldon priorto arriving at the 2900 block of County Road 214.
23.
Defendants parked their patrol vehicles approximately a mile away from
the Sheldon's residence,
24.
Defendants' patrol cars and their lights could not be viewed from the
Sheldon's residence.
24.
Defendant Matuse remained in the roadway with the patrol vehicles.
25.
Defendants Lappe, Stokes, Coward, Huddleston and Williams approached
the Sheldon's residence.
26.
All Defendants were armed.
27.
St. Johns County Sheriff's Office had information that Mr. Sheldon was
possibly suicidal and located in the woods.
28.
St. Johns County Sheriffs Office had information that Mrs. Sheldon was
at her home and was possibly in possession of a firearm.

29.
St. Johns County Sheriffs Office sent an unreasonable number of armed
personnel to the Sheldon's residence under the circumstances, without attempting to

adequately assess the situation.
30.
St. Johns County Sheriffs Office escalated circumstances by sending an
unreasonable number of armed personnel without contacting Mr. or Mrs. Sheldon prior to
their arrival.
31.
When Defendants arrived at the Sheldon's residence, Mr. Sheldon's
vehicle was not at the residence.
32.
Defendants surreptitiously approached and surrounded the Sheldon's
residence.
33.
Defendant Huddleston stopped at the beginning of the Sheldon's driveway
and called Mr. Sheldon on the telephone.
34.
Mr. Sheldon advised Defendant Huddleston that he was not at his
residence and was located approximately five miles away in the woods north of his home.
35.
When Defendants arrived, there were no signs of a domestic dispute.
36.
When Defendants arrived, there was no sign of a disturbance of any kind.
37.
Mr. Sheldon was not present at his residence when Defendants arrived.
38.
Defendants Coward, Stokes, Williams and Lappe proceeded to the
Sheldon's front yard with automatic rifles and shotguns.
39.
Defendants spread out and covered the front door from different angles.
40.
Defendant Stokes went to the left (south) side of the home.
41.
Defendant Williams to the right (north) side of the home.
42.
Defendants Coward and Lappe walked up to the front door.
43.
Andrea Sheldon opened the front door topless, wearing only underwear.
44.
When Mrs. Sheldon opened her front door, Mr. Sheldon was on the phone
with Defendant Huddleston.
45.
The telephonic conversation between Mr. Sheldon and Defendant
Huddleston was recorded.
46.
recording.
At no time can any Defendant be heard announcing his presence on the
47.
At no time can any Defendant be heard giving Mrs. Sheldon instructions
on the recording.
48.
Gunfire can be heard on the recording.
49.
After the sound of gunfire. Defendant Huddleston stated, "Oh shit!"
50.
The telephonic recording captured Mr. Sheldon repeatedly asking Deputy
Huddleston why shots were fired.

51.
Defendant Huddleston disconnected the call without telling Mr. Sheldon
that Mrs. Sheldon had been shot.
52.
Defendant Scott Stokes was armed with a H&K .45 caliber handgun with
three magazines.
53.
Defendant Coward was armed with a Bushmaster AR-15 rifle with one
magazine.
54.
Defendant Lappe was armed with a H&K .45 caliber handgun with three
magazines.
55.
Defendant Williams was armed with a Mossberg 500AG shotgun.
56.
Defendant Williams previously failed proficiency testing with the 500AG
shotgun and was not qualified to cany it.

57.
Mrs. Sheldon was shot at least eight times.
58.
The first gunshot wound documented by Medical Examiner, Pedrag Bulic,
was characterized as a penetrating wound of the left side of torso into Mrs. Sheldon's left
shoulder. The projectile's track was unique in that there were multiple re-exits and re-
entrances before lodging and being recovered in Mrs. Sheldon's left armpit and shoulder.
59.
The medical examiner's report categorized the second bullet as a
penetrating gunshot wound the left side of the back, through the left shoulder into the
occipital scalp. The projectile did not exit Mrs. Sheldon, and was recovered lodged within
the lacerated scalp and tangled hair of the back of her head,
60.
The medical examiner's report categorized the third gunshot wound as a
perforating gunshot wound of the left flank through Mrs. Sheldon's torso. The projectile
tracked through Mrs. Sheldon's stomach, liver, diaphragm, and left chest wall.
61.
The medical examiner's report categorized the fourth gunshot wound as
traveling through Mrs, Sheldon's left upper thigh into her abdomen. Specifically, the
projectile tracked through Mrs. Sheldon's left upper thigh, left quadriceps muscle, pelvic
floor, small bowel loops, and pancreas. The projectile was recovered from Mrs.
Sheldon's peripancreatic fatty tissue.
62.
The medical examiner's report categorized the fifth gunshot wound as a
penetrating gunshot woimd to Mrs. Sheldon's "left middle back." This wound resulted in
extensive laceration of tlie left lung, left hemothorax, fracture of the ninth left rib and
transection of Mrs. Sheldon's spinal cord. The projectile was recovered lodged into Mrs.
Sheldon's spinal column at the T-5 vertebra.
63.
The medical examiner's report notated the sixth gunshot wound was
sustained to Mrs. Sheldon's "left middle" back. The projectile tracked subcutaneously in
a diagonal direction across Mrs. Sheldon's back. This projectile was not recovered.
64.
The medical examiner's report categorized the seventh gunshot wound as
a penetrating gunshot wound of the left posterolateral upper thigh into the left flank
subcutis. The projectile tracked through upward through the soft tissues of the left thigh
and hip before coming to rest under the skin and fat tissue of the left flank where it was
recovered.
65.
An eighth gunshot wound was documented in the medical examiner's
report without any additional information.
66.
Mrs. Sheldon died at the scene as a result of these gunshot wounds
inflicted upon her by Defendants.
67.
Medical Examiner Bulic's final diagnosis and findings from his June 18,
2012, report listed the cause of death as "multiple gunshot wounds" and the manner of
death as "homicide."
68.
The Florida Department of Law Enforcement (hereinafter "FDLE")
arrived and conducted an investigation into the incident at the Sheldon's residence,
approximately three hours after the incident.

69.
St. Johns County Sheriffs Office was involved in several officer-involved
shootings involving excessive force prior to the death of Mrs. Sheldon.
10
70.
St. Johns County Sheriffs Office was involved in several officer-involved
incidents of excessive force that did not include the discharge of a firearm prior to the
death of Mrs. Sheldon.
71.
FDLE Agents Brutnell and Holycross conducted interviews of several St.
Johns County SherifFs Officers, including, but not limited to Defendants.
72.
The majority of these interviews were conducted six days after Mrs.
Sheldon's death and there is no evidence that more timely interviews or investigation into
the acts or omissions of the Defendants was ever conducted.
73.
FDLE has not conducted an interview of Mr. Sheldon.
74.
FDLE agents seized a shotgun from the front porch that was routinely kept
in the living room of the Sheldon residence.
75.
This shotgun had no chambered rounds.
76.
There is no physical evidence that Mrs. Sheldon possessed this shotgun
when Defendants killed her.
77.
Mrs. Sheldon made no verbal threats to Defendants on April 14,2012.
78.
Mrs. Sheldon made no physical threats to Defendants on April 14,2012.
79.
Officer involved shootings in which civilians are seized in violation of
their rights pursuant to the Fourth and Fourteenth Amendments to the United States
11
Constitution and corresponding rights under the State of Florida's Constitution have
occurred multiple times in St. Johns County prior to this killing.
80.
The St. Johns County Sheriffs Office has policies and procedures for the
safe and effective handling of domestic disputes.
81.
Defendants failed follow St. Johns County Sherriffs Office's policies for
the safe and effective handling of domestic disputes.
82.
The St. Johns County Sheriffs Office has policies and procedures for the
safe and effective execution of Special Weapons and Tactics (hereinafter "SWAT")
investigations.
83.
Defendants failed to follow St. Johns County Sheriffs Office's policies
and procedures for the safe and effective execution of SWAT investigations.
84.
The St. Johns County Sheriffs Office has policies and procedures for use
of deadly force.
85.
Defendants failed to follow St. Johns County Sheriffs Office's policies
and procedures for the use of deadly force.

86.
Mr, and Mrs. Sheldon were married for 10 years at the time Defendants
killed Mrs. Sheldon.
87.
Mr. and Mrs. Sheldon had a loving and rewarding marriage.
12
88.
As a result of the death of his wife, Mr. Sheldon has suffered damages,
including but not limited to: past and future wages, severe emotional pam and suffering,
funeral expenses, and loss of consortium,
89.
Mr. Sheldon has satisfied all conditions precedent to bringing this action,
including providing timely written notice of this claim pursuant to Section 768.28,
Florida Statutes.
COUNT ONE: CIVIL RIGHTS
VIOLATION PURSUANT TO 42 U.S.C. $1983 (EXCESSIVE FORCED

(DEFENDANTS COWARD. STOKES. WILLIAMS AND LAPPED
90.
Paragraphs 1 through 89 are hereby incorporated by reference herein.
91.
The conduct and actions of Defendants Coward, Stokes, Williams, and
Lappe, acting in concert and imder color of law, were excessive and unreasonable, were
done intentionally, willfully, maliciously, with a deliberate indifference and/or with a
reckless disregard for the natural and probable consequences of their acts, were done
vnthout lawful justification or reason, and were designed to and did cause specific and
serious physical injury and death, emotional pain and suffering in violation of Mrs,
Sheldon's rights as guaranteed under 42 U,S,C. 1983, and the Fourth and Fourteenth
Amendments to the United States Constitution, including the right to be free from
unreasonable seizure of her person and the right to be free from the use of excessive,
unreasonable, and unjustified force.
92.
As a direct and proximate result of the Defendants excessive force, Mr.
Sheldon, as personal representative of Mrs, Sheldon's estate, and Mrs, Sheldon suffered
13
damages, including, but not limited to: death, catastrophic physical injury, pain and
suffering, severe emotional distress, loss of consortium, and lost wages.
WHEREFORE, Plaintiff humbly requests a judgment against Defendants
Coward, Williams, Stokes, and Lappe for:

(a) Actual and compensatory damages;
(b) An award of attorney fees and costs for this litigation; and
(c) Any other relief this Honorable Court deems just and proper.
COUNT TWO: MUNICIPAL LIABILITY
FOR CONSITUTIONAL VIOLATIONS MONELL CLAIM

AGAINST ST. JOHNS COUNTY PURSUANT TO 42 U.S.C. S1983
93.
94.
St. Johns County directly caused the constitutional violations suffered by
Mrs. Sheldon, and is liable for the damages suffered by Mrs. Sheldon as a result of the
conduct of Defendants Coward, Stokes, Williams, and Lappe.
95.
The conduct of Defendants Coward, Stokes, Williams, and Lappe was a
directconsequence of policies and practices of St. Johns County.

96.
At all times relevant, St. Johns County, acting through the St. Johns
County Sheriffs Office, had in effect policies, practices, and customs that condoned and
fostered the unconstitutional conduct of Defendants Coward, Stokes, Williams, and
Lappe, and were a direct and proximate cause of the damages and injuries complained of
herein by Mrs. Sheldon and Mr. Sheldon.
14
97.
At all times relevant, St. Johns County, acting through the St. Johns
County Sheriffs Office, had in effect inadequate policies for officers responding to
domestic disputes, officers responding to incidents were civilians may be suicidal,
incidents where citizens may be armed and the use of deadly force may be necessary,
and/or incidents that may require SWAT and were a direct and proximate cause of the
damages and injuries complained of herein by Mrs. Sheldon and Mr. Sheldon.
98.
At all times relevant, St. Johns County, has final policy making authority
with respect to its law enforcement officers.

99.
At all times relevant, St. Johns County knew or should have known of the
use of excessive force by Defendants Coward, Stokes, Williams, and Lappe, and/or other
officers, and their propensity to engage in misconduct of the type alleged herein prior to
April 14,2012.
100.
At all times relevant, St. Johns County knew or should have known that
the use of excessive force was prevalent among the law enforcement officers under its
employ, including Defendants, and despite this knowledge or negligence, St. Johns
Coimty failed to take remedial action.
101.
At all times relevant, it was St. Johns County's policy and/ or custom to
inadequately investigate police misconduct, including the use of excessive force of its
law enforcement officers, and the use of excessive for and/or police misconduct was
mstead tolerated and/or ignored by St. Johns County.
15
102.
At all times relevant, it was St. Johns County's policy and/ or custom to
inadequately investigate police misconduct, including the failure of its law enforcement
officers to follow its policies and procedures, including Defendants.
103.
At all times relevant, it was St. Johns County's policy and/or custom to
inadequately train, supervise, and discipline its officers, including Defendants Coward,
Stokes, Williams, and Lappe, thereby failing to discourage or sanction further
constitutional violations on the part of its law enforcement officers.
104.
St. Johns County did not require appropriate in-service training or re
training of officers who were known to have engaged in police misconduct and/or
excessive force.
105.
As a result of the above described policies and customs, law enforcement
officers of St. Johns County*, including Defendants Coward, Stokes, Williams, and Lappe,
believed that their actions and omissions would not be properly monitored by supervisory
officers and that misconduct and/or the use of excessive force would be tolerated and/or
ignored by St. Johns County.
106.
St. Johns County's wrongful policies, practices, customs, and/or usages
pled herem, demonstrated a deliberate indifference on the part of policymakers of St.

Johns County to the constitutional rights of the persons within its boundaries, including
Mr. and Mrs. Sheldon, and were tlie direct and proximate cause of the violations of Mr.
and Mrs. Sheldon's rights alleged herein.

WHEREFORE, Plaintiff humbly requests a judgment against Defendant St.
Johns County for;
16
COUNT THREE: CIVIL RIGHTS VIOLATION
PURSUANT TO 42 U.S.C. 81983. UNREASONABLE SEIZURE
fPEFENPANTS COWARD. STOKES. WILLIAMS. & LAPPED
107.
Paragraphs 1 through 89 are hereby incorporatedby reference herein.
108.
The Fourth Amendment to the United States Constitution prohibits
unreasonable seizures of people.
109.
A person has been seized within the meaning of the Fourth Amendment if,
in view of all of the circumstances surrounding (he incident, a reasonable person would
have believed that he or she was not free to leave.
110.
Shooting and killing an individual on the front porch of his or her home is
a seizure under the Fourth Amendment.
111.
Defendants Coward, Stokes, Williams, and Lappe unreasonably seized
Mrs. Sheldon when they shot and killed her on the front porch of her home.
112.
At the time of the seizure. Defendants Coward, Stokes, Williams, and
Lappe did not have a reasonable belief tliat Mrs. Sheldon had committed a crime.
113.
Lappe did not have a reasonable belief that any illegal activity occurred or was occurring
at the Sheldon's residence.
17
114.
Lappe did not have a reasonable belief that Mrs. Sheldon posed a threat to their wellbeing.
115.
At the time of the seizure, Defendants Coward, Stokes, Williams, and
Lappe had no reasonable belief that deadly force against Mrs. Sheldon was necessary.
116.
Defendants Coward, Stokes, Williams, and Lappe did not have a warrant
to arrest or seize Mrs. Sheldon.
117.
Defendants Coward, Stokes, Williams, and Lappe did not have probable
cause to arrest or seize Mrs. Sheldon.
118.
Defendants Coward, Stokes, Williams, and Lappe's seizure of Mrs.
Sheldon was illegal and unconstitutional.

119.
Defendants Coward, Stokes, Williams, and Lappe's use of force in
shooting and killing Mrs. Sheldon was excessive force and is part of this claim for
unreasonable seizure.
120.
Any force used in an illegal seizure is excessive and is part of this claim
for illegal seizure.

121.
All force used by Defendants Coward, Stokes, Williams, and Lappe was
unjustified and excessive.
122.
Defendant Coward, Stokes, Williams, and Lappe's conduct was
deliberately indifferent to Mrs. Sheldon's clearly established rights.

123.
As a direct, proximate, and foreseeable result of the acts and omissions of
Defendants Coward, Stokes, Williams, and Lappe, Mrs. Sheldon was subjected to death.
18
great physical and emotional pain and humiliation, was deprived of her liberty, and was
otherwise damaged and injured.
WHEREFORE, Plaintiff humbly requests a judgment against Defendant St.

Johns County for:
COUNT FOUR; BATTERY (STATE COURT CLAIlVn
(DEFENDANTS ST. JOHNS COUNTY. ST. JOHNS COUNTY SHERIFF'S
OFFICE. SHERIFF DAVID SHOAR & DEFENDANTS STOKES.
COWARD. WILLIAMS & LAPPED
124.
125.
At all relevant times. Defendants Williams, Lappe, Coward, and Stokes
acted within the scope of their employment as law enforcement officers for the St. Johns
County Sheriff's Office.
126.
Defendants Williams, Stokes, Coward, and Lappe intentionally committed
harmful or offensive contact against the person of Mrs. Sheldon, by shooting her eight
times and taking her life without her consent.
127.
St. Johns County, the St. Johns County Sheriffs Office, and Sheriff David
Shoar are vicariously liable for the intentional torts of their employees, the Defendants.
128.
As a direct and proximate result of the Defendant Officers' battery upon
Mrs. Sheldon, Richard Sheldon, as personal representative of Mrs. Sheldon's estate, and
19
Mrs. Sheldon suffered damages, including, but not limited to: death, catastrophic physical
injury, pain and suffering, severe emotional distress, loss of consortium, funeral expenses
and economic loss.
WHEREFORE, Plaintiff humbly requests judgment against St. Johns County, St.
Johns County SherifiTs Office, Sheriff David Shoar, and Defendants Stokes, Williams
Coward and Lappe for:
(b) An awrard of attorney fees and costs for this litigation; and
COUNT FIVE: BATTERY (STATE COURT CLAHVD
(DEFENDANTS COWARD. STOKES. WILLIAMS. & LAPPE IN THEIR

INDIVIDUAL CAPACITIES^
129.
Paragraphs 1through 89 are hereby incorporated by reference herein.
130.
Defendants Coward, Williams, Stokes, and Lappe, in their individual
capacities, committed harmful or offensive contact against the person of Mrs. Sheldon by
shooting her eight times and taking her life, without her consent.
131.
As a direct and proximate result of the Defendant Officers' battery upon
Mrs. Sheldon, and Mr. Sheldon, as personal representative of Mrs. Sheldon's estate, Mrs.
Sheldon suffered damages, including, but not limited to: death, catastrophic physical
injury, pain and suffering, severe emotional distress, loss of consortium, funeral expenses
and economic loss.
20
WHEREFORE, Plaintiff humbly requests judgment against the Defendants
Coward, Williams, Stokes, and Lappe, in their individual capacities, for;

(b) An award of attorney fees and costs for this litigation;and

COUNT SIX: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(STATE COURT CLAIM) (DEFENDANTS ST. JOHNS COUNTY. ST. JOHNS
COUNTY SHERIFF'S OFFICE)
132.
133.
Defendants Huddleston, Stokes, Williams, Coward, and Lappe, in their
capacity as law enforcement officers for St. Johns County, knew or should have known
that the unreasonable and unjustified killing of Andrea Sheldon would result in the
infliction of severe emotional distress upon Mr. Sheldon.
134.
The acts or omissions of the Defendant Officers in connection with Mrs.
Sheldon's death were either intentional or rcckless and constitute extreme and outrageous
conduct beyond all bounds of decency which was atrocious and intolerable.
135.
Mr. Sheldon's severe emotional distress is directly to the actions and
omissions of Defendant Officers Huddleston, Coward, Williams, Stokes, and Lappe.

136.
St. Johns County, the St. Johns County Sheriff's Office, and Sheriff David
Shoar are vicariously liable for the intentional torts of their employees. Defendants
Coward, Williams, Stokes, and Lappe.
21
137.
As a direct and proximate result of Defendants Huddleston, Coward,
Williams, Stokes, and Lappe's acts or omissions inflicted upon severe emotional distress
upon Mr. Sheldon, and Mr. Sheldon suffered damages, including, but not limited to:
mental anguish and severe emotional distress.
WHEREFORE, Plaintiff humbly requests judgment against Defendants
Huddleston, Coward, Williams, Stokes, Lappe, St. Johns County, St. Johns County
Sheriff's Office, and Sheriff David Shear for:
COUNT SEVEN: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
rSTATE COURT CLAIMS DEFENDANTS HUDDLESTON. COWARD.
WILLIAMS. STOKES. & LAPPE IN THEIR INDIVIDUAL CAPACITIES)
138.
Paragraphs 1 through 89 are hereby incorporatedby reference herein.
139.
Defendants Huddleston, Coward, Williams, Stokes, and Lappe in their
individual capacity, knew or should have known that the unreasonable and luijustified
killing of Andrea Sheldon would result in the inflictionof severe emotional distress upon
Mr. Sheldon.
140.
The acts or omissions of Defendants Huddleston, Coward, Williams,
Stokes, and Lappe in connection with Mrs. Sheldon's death were either intentional or
reckless and constitute extreme and outrageous conduct beyond all bounds of decency
which was atrocious and intolerable.
22
141.
Mr. Sheldon's severe emotional distress is the direct result of the actions
and omissions of Defendants Huddleston, Stokes, Coward, Williams, and Lappe.
142.
As a direct and proximate result of Defendants Huddleston, Coward,
Williams, Stokes, and Lappe's acts or omissions severe emotional distress was inflicted
upon Mr. Sheldon, and he suffered damages, including, but not limited to: mental
anguish, and severe emotional distress.
Huddleston, Coward, Williams, Stokes, and Lappe for:
COUNT EIGHT: NEGLIGENCE (STATE COURT CLAIM)
(ST. JOHNS COUNTY. ST. JOHNS COUNTY SHERIFF^S OFFICE

& SHERIFF DAVID B. SHOAR)
143.
144.
St. Johns County, the St. Johns County Sheritrs Office and Sheriff David
Shoar are vicariously liable for the actions and omissions of the law enforcement officers
under its employ.
145.
St. Johns County, the St. Johns County Sheriffs Office and Sheriff David
B. Shoar owe a duty to all individuals they police, protect, and serve, including the
Sheldons.
23
146.
St. Johns County, the St. Jolins Count\' Sheriff's Office and Sheriff David
B. Shoar breached their duty as reasonably prudent employers of the Defendant Officers
when they failed to adequately train Defendants Coward, Stokes, Williams, Lappe and
other officers to avoid the use of unreasonable and excessive force.
147.
St. Johns County, the St. Johns County Sheriff's Office and Sheriff David
B. Shoar breached their duty as reasonably prudent employers of the Defendants when
they allowed at least one Defendant to carry a weapon for which he had not passed the
requisite proficiency training or testing.
148.
Defendants Coward, Stokes, Williams, Lappe and Huddleston failed to announce their
presence as law enforcementofficers to Mrs. Sheldon.

149.
St. Johns County, the St. Johns County Sheriff s Office and Sheriff David
Defendants failed to follow the proper protocols of welfare checks, including domestic
violence and suicide checks
150.
Defendants Coward, Stokes, Williams and Lappe failed to follow proper SWAT
protocols.
151.
24
they failed to prevent Defendants Coward, Stokes, Williams, and Lappe from
unreasonably seizing Mrs. Sheldon.
152.
they failed to prevent Defendants Coward, Stokes, Williams, and Lappe from
imreasonably creating this situation where excessive force was used.
153.
These breaches of duty are the direct and proximate cause of the injuries
sustamed by both Mr. and Mrs. Sheldon.

154.
As a result of the negligence of St. Johns County, the St. Johns County
Sheriffs Office, and Sheriff David Shoar, Mr. and Mrs. Sheldon suffered damages
including, but not limited to: death, severe catastrophic physical injuries, mental anguish,
severe emotional distress, loss of consortium, funeral expenses, and economic loss.
WHEREFORE, Plaintiff humbly requests judgment against St. Johns County,
the St. Johns County Sheriff's Office, and Sheriff David Shoar for:

COUNT NINE: NEGLIGENCE ESTATE COURT CLAIMS
fPEFENDANTS HUDDLESTON. COWARD. WILLIAMS.
STOKES. LAPPE. & MATUSE IN THEIR INDIVIDUAL CAPACITIES^
155.
25
156.
Defendants Huddleston, Coward, Williams, Stokes, Lappe, and Matuse, in
their capacity as individuals, owed Richard and Andrea Sheldon a duty of care to govern
themselves as reasonably prudent individuals.
157.
their capacity as individuals, breached their duty to be reasonably prudent individuals

when at least one Defendant carried a weapon for which he had not passed the requisite
proficiency training or testing.
158.

when Defendants responded to the Sheldon's residence without callmg ahead to assess
the situation, or any potential dangers or lack thereof before arriving.
159.

when Defendants unreasonably created this situation where excessive force was used.
160.
These breaches of duty on behalf of the Defendants are the direct and
proximate cause of the injuries sustained by both Mr. and Mrs. Sheldon.
161.
As a resuh of the negligence of the Defendants in their capacity as
individuals, Mr. and Mrs. Sheldon suffered damages including, but not limited to: death,
catastrophic physical injuries, mental anguish, severeemotional distress, funeral expenses

and economic loss.

Huddleston, Coward, Williams, Stokes, Lappe, and Matuse for:
26
COUNT TEN: NEGLIGENT HIRING. RETENTION AND/OR
SUPERVISION fPEFENDANTS ST. JOHNS COUNTY. ST. JOHNS
COUNTY SHERIFF'S OFFICE &SHERIFF DAVID B. SHOAR)
162.
Paragraphs 1through 89 are hereby incorporated by reference herein.
163.
Defendants Coward, Stokes, Williams, Lappe, Matuse, and Huddleston
were employed by and under the supervision of St. Johns County, St. Johns Coimty
SherifiPs Office, and Sheriff David B. Shoar.
164.
St. Johns County, St. Johns County Sheriffs Office, and Sheriff David B.
Shoar knew or should have known that Defendants Coward, Stokes, Williams, Lappe,
Matuse, and Huddleston had engaged in wrongful conduct in the past.

165.
St. Johns County Sheriffs Office documented this wrongful conduct and
St. Johns County, the St. Johns County Sheriffs Office, and Sheriff David Shoar knew or
should have known of Defendant Coward, Coward, Stokes, Williams, Lappe, Matuse, and
Huddleston violated St. Johns County's policies and procedures related to excessive force
and/or violations of civil rights.
166.
At all relevant times, St. Johns County, the St. Johns County Sheriffs
Office, and Sheriff David Shoar had the ability and authority to discharge, further
supervise, and/or retrain Defendants Coward, Stokes, Williams, Lappe, Matuse, and
Huddleston.
27
167.
constitutes negligence or gross negligence did not receive any rehabilitative training prior
to Mrs. Sheldon's death.
168.
St. Johns County, St. Johns County SherifiPs Office, and Sheriff David
Shoar's lack of supervision of Defendants Coward, Stokes, Williams, Lappe, Matuse, and
Huddleston constitutes negligence or gross negligence.
169.
St. Johns County, St. Johns County Sheriffs Office, and Sheriff David
Shoar's hiring of Defendants Coward, Stokes, Williams, Lappe, Matuse, and Huddleston
constitutes negligence or gross negligence.
170.
St. Johns County, St. Johns County Sheriffs Office, and Sheriff David
Shoar's retention of Defendants Coward, Stokes, Williams, Lappe, Matuse, and
Huddleston constitutes negligence or gross negligence.

171.
violated Federal law, Florida law, and the policies and procedures of the St. Johns County
Sheriff's Office.
172.
St. Johns County, St. Johns County Sheriff's Office, and Sheriff David
Shoar knew or should have known Defendants Coward, Stokes, Williams, Lappe, Matuse,
and Huddleston repeatedly violated the law and the St. John's County Sheriffs Office's
policies and procedures, yet did nothing to remedy Defendants conduct.
173.
As a direct, proximate, and foreseeable result of the acts or omissions of
St Johns County, St. Johns County Sheriff's Office, and Sheriff David Shoar, Mr. and
28
Mrs. Sheldon suffered damages, including but not limited to: death, catastrophic physical
injuries, mental anguish, severe emotional distress, fimeral expenses and economic loss.
COUNT ELEVEN; LOSS OF CONSORTIUM (STATE COURT CLAIMS
rPEFENDANTS STOKES. WILLIAMS. COWARD. LAPPE. SHERIFF DAVID
SHOAR. ST JOHNS COUNTY SHERIFF'S OFFICE. ST. JOHNS COUNTY^
174.
175.
Richard and Andrea Sheldon were married on October 20,2001.
176.
Richard and Andrea Sheldon had been married for 10 years at the time
Defendants killed Mrs. Sheldon.
177.
Richard and Andrea Sheldon had a loving and caring marriage.
178.
Andrea Sheldon assisted Mr. Sheldon in everyday life by helping to cook,
clean, and run Hummingbird Acres, a farm and limited liability corporation located at the
2900 block of County Road 214, lot 71.
179.
Mr. Sheldon was deprived of the services listed in paragraph 178 and 180,
as well as an intimate partnership with Mrs. Sheldon when Defendants killed her.
180.
Andrea Sheldon was gainfully employed as a hospice nurse at the time
she was killed by Defendants.
29
181.
Mr. Sheldon's loss of consortium is a direct and proximate cause
Defendants negligence and intentional torts against Mrs. Sheldon when they killed her.
182.
As a result of Defendants' negligence and intentional torts, Mr. Sheldon
suffered damages including, but not limited to: lost wages, future earnings, pain and
suffering, sever emotional distress, loss of companionship, and loss of sexual intimacy
with Mrs. Sheldon.


DEMAND FOR A JURY TRIAL
Plaintiff demands a trial by jury on all triable issues. DATED this 12th day of
April, 2016.
Respectfully submitted,
BY: /s/Gonzalo Andux
Gonzalo Andux,
Florida Bar No.: 0525286
Finneli, McGuinness, Nezami

& Andux, P.A.
2114 Oak Street
Jacksonville, FL 32204
30
Phone: (904)791-1101
Fax:(904)791-1102
GAndux@finnIawyers.com
BY:/s/AnnE. Finnell
Ann E. Finnell,
Florida Bar No.: 0270040
Finnell, McGuinness, Nezami

& Andux, P.A.
2114 Oak Street
Jacksonville, FL 32204
Phone: (904) 791-1101

Fax:(904)791-1102
AFinnell@fmnlawyersxom
31
Case 3:16-cv-00436-BJD-JBT Document 1-1 Filed 04/13/16 Page 1 of 1 PageID 32
CIVIL COVER SHEET
IS 44 (Rev. 12/12)
J \St
eis as required by law, except as
rhe JS 44civil cover slwet and the inrormation contained herein neither rg>lacc nor wppjement the nUngand serviM
by local rules orcourt. This form, approved by the Judicial Conference ofthe United States inSeptember r
)finiliating the civil docket sheet (SKHINsmUCriONSONNEXTPAaHOFTHlSFOm)
l.(a) PLAINTIFFS
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fM County ofResidenceofFirstListed Plaintiir
(tN as. piAiNnFFCAsesoNLY)
(HXChXriNUXPUINTItTCASa^
NOTE:
INLAND CONDEMNATION CASES, USE THE LOCATION OF
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THE TRACT OF LAND INVOLVED.
Attorneys (IfKnmn^
(C) Attorneys (h'lmName, Address, andTelephone Number)
in. CITIZENSHIP OF PRINCIPAL PARTIES (7/ocei -X'ln One Haxfor Plaintiff
II. BASIS OF JURISDICTION (I'laeean -jriaOneBoxOnly)

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(Far Diversity CasesOnly)
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FQRPEITURPPENALTV-1-|.tte'.<'BA> IN-t II i;. ifii'SJ'iPBa
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PERSONAL INJURY
llOlnsuiance
315 Airplane Pniduct
140NegotiableItumuncnt
ISORecoveiyofOvapiynicnl
Student Loans
(lixcludet Veterans)
D 153RecoveryofOveipaymeni
of Veteran's Beneiitt
160 Stockholders'Suits
360 Other Personal
196 Franchise
Injuiy
362 PersonalIiiiuiy-
442 Eoiploynisnt
443 Housing/
Habeas Corpusi
463 Alien Detainee

510 Motions to Vacate
530 Oencral
445 Amer. w/DisabilitieS'

Employment
446 Amer. w/DiiabiUties'
O 290 All OUier Real Prop^
a 740 Railway Labor Act

751 Familyand Medical
460 Deportation
830 Patent
840Trtdemaifc
470 Racketeer Influenced and
Corrupt (
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JN^.-.rna
O 861 HIA(l395fl)
490 Cable/Sat TV
850 Secttrilies/Commodiliet'
Exchapflg
862 Black Lung(^)

863 DIWC/DIWW (405(g))
390 Other Statuloiy Actions

391 Agricultural Aett .
864 SSID Title XVI
865 RSI(405(s))
393 Enviromnenlal Matters

895 Freedom of Inrormation
Act
896 Arbitration
>!.BFEDERAIi.TAXStlITSaa.%
899 Administrative Procedure
870 Taxes (US. Plamtiif

or Defendant)
871 IRSThird Party
Act/Reviewor Appealof
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950 Constitutionality of
Leave Act
791 EmployeeRetirement
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535 Death Penalty

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540 Mandamus & Otbcr
? IMMIGRATIONtM?)?
462 Naturalization Application

465 Other Immigration
Actions
550avilRi8btt
Other
448 Education
State Statutes
26 use 7609
Sffnicnro
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24S Ton Product Usblliiy
450 Commerce
820 Copyrights
Relations
380 Other Personal
PRISONER PETITIONS
441 Voting
240 Tors to Land
BSTJiwif^nnraTrwrra^sa
790 Other Labor LiliBation
Stj40 OlhsrCivil Rights
230 Rent Lease & Ejectment
720 Labor/Managcmcnl
Prapeity Danuge
385 Property Damage
Product Liability
.<YCIV1L-RIGHTS a
HEALPROPERTYV
Liability
Product Uability
410 Antitnist
480 Consumer <
371 Truth in Lending
400 State Reapportionment
M I m. I u B1: n I-wt'gjajBB H71.-I. ^ n
3SS Motor Vehicle
190 Olher Connaci
210 Land Condenuistion

220 Foreclosure
368 Asbestos Pertanil
19S Conlracl Product Liabtlily
423 WithdiBwal
430 Banks and Banking
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370 Other Fraud
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28 use 157
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111 y i U i
422 Appeal28 USC1S8
690 Other
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350 Motor Vehicle
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340 Marine
345 Marine Product
625 Dnig Related Seizure

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367 Health Care/

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330 Fedenl Employers'

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IS1 MedicaioAct
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320 Assault, UbelA
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365 Personal litjury

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310 Airplane
120 Marine
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560 Civil DetaineeConditions of
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V. ORIGIN (I'lanan "X"InOiuBoxOn/yJ
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Cite the U.S.CivilStatuteunderwhichyou are filing (DoniatUeJiirlsdlalmalsaiuiaunlea<llvmtiy):
0^<L.
VI. CAUSE OF ACTION Brief description of cause;
VII, REQUESTED IN
COMPLAINT;
Vlll. RELATED CASE(S)

IF ANY
DATE
CHECK IF THIS IS A CLASS ACTION
fifdemand^ in complaint:
'es
No
i;
gj/ea
CHECK YES only
DEMANDS
JURY DEMAND
UNDER RULE 23. F.R.CV.P.
(SeeImlrvcllons):
DOCKET NUMBER
JUDGE
SIGNATURE OF/OtTORNEY
FOR OKFICE USE ONLY

RECElI
APPLYING IFP
JUDGE
3 1
MAG. JUDGE

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Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 1 of 31 PageID 1

UNITED STATES DISTRICT COURT

HiDDLE DISTRICT OF FLOiUDA

DC CASE NO.: "5'.VU-CV-45(^-3

deceased, and in his individual capacity.

THOMAS CAMERON COWARD, in his

individualcapacity, and his capacity as a St. Johns

COMPLAINT AND DEMAND FOR A JURY TRIAL

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 2 of 31 PageID 2

Plaintiff invokes the jurisdiction of this Court pursuant to 42 U.S.C.

Venue in this district is proper pursuant to 28 U.S.C. 1391, in that the

cause of action arose in this district.

Plaintiff, Richard Sheldon, both in his personal capacity and as personal

Defendant, Cameron Coward, is and was at all times relevant an employee

Defendant, Scott Stokes, is and was at all times relevant an employee of

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 3 of 31 PageID 3

Defendant, Glenn Lappe, is and was at all times relevant an employee of

Defendant, Jeremy Huddleston, is and was at all times relevant an

Defendant, Michael R. Williams, is and was at all times relevant an

Defendant, Tony Matuse, is and was at all times relevant an employee of

Defendant, David B. Shoar, is and was at all times relevant an employee

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 4 of 31 PageID 4

Defendant, St. Johns County Sheriff's Office, (hereinafter "SJSO") is a

law enforcement organization funded by St. Johns County, a municipality or subdivision

St. Johns County is a municipality or subdivision of the State of Florida

Fire and Rescue Department (hereinafter "JFRD").

Mrs. Sheldon was employed as a hospice nurse and assisted in the

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 5 of 31 PageID 5

dirt road from County Road 214 and is very secluded.

St. Johns County Sheriffs Officers, including but not limited to

Defendants parked their patrol vehicles approximately a mile away from

the Sheldon's residence,

Defendant Matuse remained in the roadway with the patrol vehicles.

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 6 of 31 PageID 6

Defendants Lappe, Stokes, Coward, Huddleston and Williams approached

the Sheldon's residence.

All Defendants were armed.

possibly suicidal and located in the woods.

at her home and was possibly in possession of a firearm.

St. Johns County Sheriffs Office sent an unreasonable number of armed

personnel to the Sheldon's residence under the circumstances, without attempting to

St. Johns County Sheriffs Office escalated circumstances by sending an

When Defendants arrived at the Sheldon's residence, Mr. Sheldon's

vehicle was not at the residence.

Defendants surreptitiously approached and surrounded the Sheldon's

Defendant Huddleston stopped at the beginning of the Sheldon's driveway

and called Mr. Sheldon on the telephone.

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 7 of 31 PageID 7

Mr. Sheldon advised Defendant Huddleston that he was not at his

When Defendants arrived, there were no signs of a domestic dispute.

When Defendants arrived, there was no sign of a disturbance of any kind.

Defendants Coward, Stokes, Williams and Lappe proceeded to the

Sheldon's front yard with automatic rifles and shotguns.

Defendant Stokes went to the left (south) side of the home.

Defendant Williams to the right (north) side of the home.

Defendants Coward and Lappe walked up to the front door.

with Defendant Huddleston.

The telephonic conversation between Mr. Sheldon and Defendant

Huddleston was recorded.

At no time can any Defendant be heard announcing his presence on the

Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 8 of 31 PageID 8

At no time can any Defendant be heard giving Mrs. Sheldon instructions

Gunfire can be heard on the recording.