Case: 1:17-cv-00239-TSB Doc #: 1 Filed: 04/13/17 Page: 1 of 20 PAGEID #: 1

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

MS. AVA HITTLE : CASE NO.: 1:17-CV-239

c/o Gerhardstein & Branch Co. LPA :
441 Vine Street, Suite 3400 :
Cincinnati, OH 45202, :
:
Plaintiff, : JUDGE:
:
v. :
:
MIAMI TOWNSHIP :
6101 Meijer Drive : COMPLAINT AND JURY DEMAND
Milford, Ohio 45150 :
:
And, :
:
CHIEF SUE MADSEN :
In her Official Capacity as :
Chief of Miami Township :
Police Department :
5900 McPicken Drive :
Milford, Ohio 45150 :
:
And, :
:
JOHN SWING :
Individually and in his Official Capacity :
as Miami Township Police Officer :
5 Bridgestone Drive :
Milford, Ohio 45150, :
:
Defendants. :

I. PRELIMINARY STATEMENT

1. This civil rights action challenges the unwanted sexual abuse, sexual assault, sexual

touching, sexual harassment Ms. Ava Hittle suffered at the hands of Miami Township Police

Sergeant, John Swing while she was a volunteer Police Explorer at the Miami Township Police

Department in April of 2015. Ms. Hittle seeks recovery against Miami Township and Sergeant
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John Swing for his sexually assaulting while she accompanied him on patrol when she was 19

years old. Ms. Hittle also seeks damages from Miami Township for its failure to protect her

from the sexual assault by known sexual predator, Sergeant John Swing.

II. JURISDICTION

2. Jurisdiction over the claims brought under the Civil Rights Act of 1871 is conferred on

this Court by 28 U.S.C. 1331, 1343 (3) and (4). Jurisdiction over the state law claims is

conferred by 28 U.S.C. 1367. Venue is proper in this division.

III. PARTIES

3. Ms. Ava Hittle is a resident of Clermont County, Ohio and a citizen of the state of Ohio.

4. Defendant Miami Township is a unit of local government organized under the laws of the

State of Ohio. Defendant Miami Township is a person under 42 U.S.C. 1983 and at all times

relevant to this case acted under color of law.

5. Defendant Chief of Police Sue Madsen was at all times relevant to this action employed

by the Miami Township Police Department and the Miami Township Police Departments final

policy maker. Defendant is a person under 42 U.S.C. 1983 and at all times relevant to this

case acted under color of law. She is sued in her official capacity only.

6. Defendant John Swing is a former Police Sergeant for the Miami Township Police

Department. Defendant Swing is a person under 42 U.S.C. 1983 and at all times relevant to

this case acted under color of law. He is sued in his individual and official capacities.

IV. STATEMENT OF FACTS

7. Ms. Ava Hittle is a 21 year old student at the University of Cincinnati studying Criminal

Justice. Ms. Hittle knew in high school that she wanted to be a police officer, specifically a

Miami Township Police Officer.

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8. Wanting to learn all she could about law enforcement, Ms. Hittle joined the Miami

Township Police Explorer program. The Explorer program is designed to provide young

students with practical, hands on experience in law enforcement. Ms. Hittle committed herself to

the Explorer program, even earning the 2015 Explorer of the Year in Ohio.

9. Ms. Hittle spent almost four years as an Explorer, starting at age 17. She trusted the

officers who trained and mentored her and considered them family. She never imagined that any

of the officers would hurt her.

Sgt. Swing Sexually Abused and Assaulted Ms. Hittle on Ride-A-Long

10. Part of the Explorer Program consisted of the Explorers participating in ride-a-longs with

different officers to see the officers various styles of policing. Ms. Hittle regularly participated

in ride-a-longs with Miami Township officers.

11. Pursuant to the Explorer procedure, on March 25, 2015, Ms. Hittle submitted a request to

participate in a ride-a-long on April 16, 2015. On April 16, 2015, Ms. Hittle arrived at the Miami

Township Police Department excited to participate in the ride-a-long and hopefully learn

something new.

12. Ms. Hittle was usually assigned to ride with patrol officers; but on April 16, 2015

Defendant Swing informed Ms. Hittle that she would be doing her ride-a-long with him until a

patrol officer became available. Having known Defendant Swing for three years and having a

good relationship with him, Ms. Hittle thought that a ride-a-long with Swing, a sergeant, as

opposed to a patrol officer, would be a good experience.

13. Ms. Hittle left the Miami Township Police Station with Swing at around 12:05 p.m. when

Swing was dispatched on a call to check on an elderly person.

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14. On the way to the well check call, Swing teased Ms. Hittle telling her that he could

take Ms. Hittle in a fight and that he could prove it. Ms. Hittle replied in jest whatever man,

bring it. Ms. Hittle and Swing frequently joked around and both of them were sarcastic. Ms.

Hittle took their conversation as a joke, and did not think Swing was serious about trying to

engage her in a fight.

15. Ms. Hittle and Swing arrived at the well check call around 12:30 p.m. They stayed at the

womans home for a few minutes. On the way back to the patrol car, Swing nudged Ms. Hittles

shoulder and again told Ms. Hittle that he could take her in a fight.

16. Once back in the vehicle, Swing continued talking to Ms. Hittle about fighting with her,

saying that he wanted to take Ms. Hittle back to his house so he could prove he could take her

down. Trusting Swing as a police officer and an officer of rank, Ms. Hittle did not take him

seriously.

17. But Swing did take her to his house. At around 1:00 p.m., Swing pulled into his driveway

and invited Ms. Hittle into his home. Having made stops at other officers homes during ride-a-

longs to take their dog out, check on the house, or grab a drink, Ms. Hittle thought nothing of the

stop itself. Ms. Hittle did think it was odd that no else appeared to be home, because when she

stopped with other officers, someone else was always there.

18. Once inside, Swing led Ms. Hittle into the kitchen and offered her a drink of water, which

Ms. Hittle declined. Swing nudged Ms. Hittles shoulder and playing along with him, Ms. Hittle

jokingly struck a fighter pose.

19. Swing then invited Ms. Hittle to go downstairs with him to show her something. Ms.

Hittle followed him. When they got downstairs, Swing immediately took off his duty belt,

including his firearm, and placed it on the couch. Ms. Hittle began to think this was not normal

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because officers just dont remove their safety belt because she was taught it is an officers

lifeline.

20. Swing then suddenly grabbed Ms. Hittle with one arm over her right shoulder and the

other arm underneath her left arm and wrestled her to the ground. Ms. Hittle landed on her back

with Swing lying on top of her. He had knocked the wind out of her. Ms. Hittle initially tried to

fight back, but was unable to breathe. Ms. Hittle kept telling Swing I cant breathe but he

would not let her up. Swing remained on top of her, placing his full body weight on her, face to

face, so close that Ms. Hittle thought he was going to try to kiss her. She turned her face away

from Swing and did not look at him. Ms. Hittle felt scared and unsafe. She did not know what

was going to happen.

21. Swing then flipped Ms. Hittle over onto her stomach. He told her she had a nice ass. He

spanked Ms. Hittle on her buttocks three times. After he spanked her, she felt violated. She

froze.

22. Swing went over to the bathroom and adjusted his uniform. Swing walked back over to

Ms. Hittle, who was still frozen in disbelief. He grabbed her and wrestled her down to her knees,

pinning her against the couch.

23. Swing pulled both her arms behind her back. Swing was kneeling down behind her, using

his body weight to push Ms. Hittle into the couch. Ms. Hittle could not breathe.

24. Swing ordered Ms. Hittle to fight back but because Swing had her pinned, the only thing

she knew to do was to throw her head backward and head butt Swing. Ms. Hittle was scared to

do that maneuver because she thought she would end up breaking his nose. She was scared and

anxious about what he would do to her.

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25. Swing eventually got off her, walked back to the bathroom, and readjusted his uniform.

He told Ms. Hittle to fix her uniform. Swing then put his duty belt back on and was again armed.

26. Swing led Ms. Hittle upstairs and told her to follow him to his backyard. Swing showed

Ms. Hittle the creek and a bridge he built, but Ms. Hittle, still in shock after what had just

happened to her, was unable to concentrate.

27. Swing walked Ms. Hittle back to the police car and warned her not to tell anyone what

happened. Ms. Hittle felt threatened.

28. Before driving off, Ms. Hittle was able to use her cell phone to text her friend, and fellow

Explorer, Andrea S., Hey I need to talk to u.

29. Swing resumed patrol. As he drove around, he repeatedly put his hand on Ms. Hittles

thigh and put his hand on her hand, as if he wanted her to hold hands with him.

30. Swing asked Ms. Hittle if she wanted to go back to his house and whether she was

nervous when he touched her. Afraid and wanting to avoid any further confrontation, Ms. Hittle

simply shrugged or responded with no.

31. As the two continued patrolling, Swing came upon a stop sign. He stopped and put his

hand on Ms. Hittles leg and slowly moved his hand up her thigh. Swing then moved his hand up

to Ms. Hittles vagina and started rubbing her vagina. Ms. Hittle froze. She told him to stop.

Swing pulled his hand away.

32. Although Ms. Hittle tried to mask her nervousness, it was obvious that Swing knew that

Ms. Hittle was scared from the moment he wrestled her to the ground. Swing teased Ms. Hittle

saying see I told you, you were scared.

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33. Swing drove back to the Miami Township Police Department so that he could use the

restroom and grab a radar gun. Swing told Ms. Hittle to stay in the car. Ms. Hittle got her phone

back out of the glove compartment and texted Andrea again Im serious.

34. Swing returned to the vehicle, and started out on a dispatch call. Ms. Hittle texted Andrea

explaining that an officer had taken her to his house and they started wrestling. She stated, I

didnt know what to do!?

35. Swing arrived at the dispatch location. While Swing was out of the car, Ms. Hittle texted

Andrea Swing touched my vagina.

36. Once Swing cleared the call, Swing and Ms. Hittle continued patrolling and running

radar.

37. Swing returned again to the Miami Township Police Department around 3:20 p.m. to

return the radar gun and use the restroom. This time he let Ms. Hittle get out of the vehicle and

go inside. Ms. Hittle encountered two detectives while inside.

38. Ms. Hittle did not say anything. She was too nervous and uncomfortable to tell Swings

fellow officers what Swing had done to her while Swing was nearby.

39. She wanted to tell the detectives what Swing had done to her but she did not know how

they would react or how Swing would react if he heard her. As Swing was speaking with officers

inside, Ms. Hittle texted Andrea additional information as to what happened to her.

40. Andrea had asked Ms. Hittle to call her. Ms. Hittle text I cant. Im on a ride along [s]till

and [I dont know] what to do.

41. Ms. Hittle asked Andrea to pick her up from the police department at 6 p.m. when the

ride-a-long would be over. Ms. Hittle text Andrea, this has never happened. He keeps

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touching me Andrea Im not lying. Ms. Hittle identified Swing as the officer who kept touching

her and text Yes [Im still riding with him], I just want it to be over. I want to cry.

42. Swing and Ms. Hittle left the police department around 3:35 p.m. As Swing was on his

police cruisers computer, Ms. Hittle texted Andrea at 3:46 p.m. I feel awful. Like I feel sick. I

never thought this would happen and [I dont know] what to do. Andrea told her to leave, but

Ms. Hittle didnt know what to do or say to get away from Swing. She was only focused on

making it through the day.

43. Swing drove Ms. Hittle to a secluded part of the Kelly Nature Preserve. Only two

unoccupied vehicles were around. Swing then tried to engage Ms. Hittle in a sexual

conversation. Swing told Ms. Hittle that the Nature Preserve was where gay men go to have sex.

He then told Ms. Hittle he enjoyed getting blow jobs and blow jobs are better when you get it

from a girl than from a guy. Swing told Ms. Hittle that they should go back into the woods.

44. Needing to get away from Swing, Ms. Hittle told him she needed to use the restroom.

Swing drove Ms. Hittle to the Hilton Garden Inn around 4:30 p.m. to use the restroom. He would

not allow her to take her cell phone in with her.

45. Once she was back in the car, Swing again ordered Ms. Hittle not tell anyone about what

happened. He told her that no one would believe her if she told them. Swing then told Ms. Hittle

that he would be out running errands the next day and offered to buy Ms. Hittle clothes. Ms.

Hittle declined. Swing also mentioned that he could help Ms. Hittle get a job at the Miami

Township Police Department if she didnt say anything to anyone about what happened.

46. Swing told Ms. Hittle he would call her and come to her apartment the next day after his

errands to finish her off. Ms. Hittle didnt know if he was referring to raping or killing her, or

both. Ms. Hittle was terrified because he knew where she lived and that she lived alone.

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47. Ms. Hittle then glared at Swing and he flinched. He said, I thought you were going to hit

me, and Ms. Hittle responded I really want to right now. Im not.

48. Near the end of the shift, Swing drove Ms. Hittle back to the police department. He and

Ms. Hittle started to clean out the patrol car and move items to Swings personal vehicle.

49. Swing then received another dispatch call. Ms. Hittle and Swing left the police

department to report to an apartment complex nearby.

50. At 5:35 p.m., Swing and Ms. Hittle returned back to the police department. Around the

same time, Andrea arrived to pick Ms. Hittle up. Swing asked Ms. Hittle to bring Andrea to

where he was so he could say hello to her.

51. Ms. Hittle met Andrea at the top of the hill outside of the police department. Ms. Hittle

asked Andrea not to say anything to Swing or to anyone else because she was scared and had not

figured out what to do. Ms. Hittle and Andrea went to where Swing was outside as he had

requested.

52. Swing gave Ms. Hittle and Andrea candy bracelets from his personal vehicle during their

conversation. After a few minutes, Ms. Hittle and Andrea were able to leave.

Sgt. Swing Warned Ms. Hittle Not to Report His Sexual Misconduct

53. After leaving the police department, Ms. Hittle and Andrea went to a park to discuss what

happened to Ms. Hittle. Andreas initial response to Ms. Hittle was you cant tell anyone and

its not like he raped you. Andrea was worried that if Ms. Hittle reported the incident, the

Explorer Program would be terminated.

54. Ms. Hittle had Andrea take Ms. Hittle to her parents house because she didnt want to go

home. Swings threat to stop by her apartment and finish her off had frightened Ms. Hittle and

she was not comfortable staying at her apartment.

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55. Ms. Hittle immediately told her mother when she got to their home what Swing had done

to her. Ms. Hittle was shaken up, pale, and crying talking to her mother. Ms. Hittles mother,

Mrs. Hittle, suggested they go somewhere else to talk since Mr. Hittle was home, and Mrs. Hittle

did not want to tell him at that time. Mrs. Hittle took Ms. Hittle and Andrea out to dinner where

they continued the conversation. Ms. Hittles mother initially did not want Ms. Hittle to report

the incident because she was concerned for their safety. Mrs. Hittle was worried about police

retaliation. When Ms. Hittle and her mother returned to their home, they did not tell Ms. Hittles

father what had occurred.

56. At 11:13 p.m., Ms. Hittle emailed the officer over the Explorer Program, Francis Rasfeld,

telling him that she could not make it to the Explorer competition the following day.

57. The next day, Ms. Hittle and her mother told her father what Swing had done to Ms.

Hittle. Together, they decided that Ms. Hittle needed to report the incident to the Miami

Township Police Department.

Ms. Hittle Reported Swings Sexual Misconduct to the Miami Township Police Department

58. With the support of her parents, Ms. Hittle sent Officer Rasfeld a text message on April

17, 2015 at 9:20 p.m., asking Hey can I talk to you tomorrow night when you get back.

59. The next morning Officer Rasfeld responded to her text., stating Yes but that wont be

until midnight or so. I would be glad to call you or meet up with you Monday if youd like. Ms.

Hittle responded, Ok I honestly want to talk to u tonight about it because its kinda serious.

60. After a few more texts, Ms. Hittle and Officer Rasfeld decided to meet on Monday, April

20, 2015 at 3:00 p.m. However, they changed the meeting to Tuesday, April 21, 2015 so that Ms.

Hittles mother could accompany her to the police department.

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61. On April 21, Ms. Hittle and both of her parents arrived at the Miami Township Police

Department. Ms. Hittle told Officer Rasfeld what Sgt. Swing had done to her during the ride-a-

long. Ms. Hittle was upset during this conversation.

62. Officer Rasfeld then reported Ms. Hittles story to Sergeant Jim Young who called Chief

Madsen to speak with Ms. Hittle. Ms. Hittle recounted to Chief Madsen what Swing had done to

her during her ride-a-long.

Defendant Swing Was Convicted on Charges of Sexual Imposition

63. On April 23, 2015, Swing was given notice of Ms. Hittles complaint and placed on

administrative leave.

64. Over the next few months, two investigations into Ms. Hittles allegations and Swings

conduct during the ride-a-long took place.

65. On August 27, 2015, a grand jury indicted Swing on three counts of Gross Sexual

Imposition and one count of Assault.

66. Swing was dismissed from the Miami Township Police Department on September 1,

2015.

67. A year later, on September 1, 2016, Swing was found guilty by a jury on three counts of

Sexual Imposition.

Defendant Swings Behavior was Consistent with an Obvious Pattern of Abusing Women

1. Ms. MMV

68. Before working at the Miami Township Police Department, Swing was employed as a

security officer at K-Mart in Erlanger, Kentucky. Ms. MMV was an employee at K-Mart and

worked with Swing and his then girlfriend, now current wife, Joy (Lynch) Swing. Ms. MMV had

to respond to the security office on multiple occasions and Swing would use those times to grab

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Ms. MMVs breasts, buttocks, and vaginal area. Ms. MMV did not file a complaint against

Swing because her supervisor was Swings girlfriend.

2. Officer Stacie Miller

69. Stacie Miller is a police officer at the Miami Township Police Department. Swing was

her supervisor and fellow officer for several years. During her interview and subsequent

employment, Swing conducted himself inappropriately on multiple occasions.

70. Officer Miller applied for a position with the Miami Township Police Department in

2006. Officer Miller initially met Swing when he conducted her in-home pre-employment

interview with her parents. When Swing arrived, he stated that all interviews begin in the

bedroom. This made Stacie and her parents uncomfortable, and Stacies mother never forgot

Swings initial statement.

71. During her training, Officer Miller, her field training officer Rob Bradford, and Swing

went to a restaurant to eat dinner. Swing sat down next to Officer Miller and put his hand on her

leg. Officer Miller moved her leg away from Swing.

72. On numerous occasions, Swing commented to Officer Miller that he would spank her

ass.

73. On one occasion when Officer Miller and Swing were patrolling the Kelly Nature

Preserve, Swing reached his hand down into the back of Officer Millers pants. Officer Miller

reached back and pulled his hand away and shoved Swing away from her.

74. The final straw was when Swing and Officer Miller were in the Miami Township Police

Departments roll call room together. Swing kept touching Officer Miller inappropriately.

Officer Miller warned him that if he continued she was going to tase him. When Swing reached

to squeeze or tickle Officer Millers leg, she pulled out her taser and drive stunned Swing.

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75. Swings inappropriate jokes and conduct, as well as other Miami Township officers

inappropriate sexual jokes were common knowledge to members of the Miami Township Police

Department

3. Ms. BRH

76. Swing was a customer at the Park National Bank in Milford, Ohio. Ms. BRH was

employed by Park National Bank from November of 2006 through January of 2010. The

individuals at the bank warned Ms. BRH to watch out for Swing. During her employment at

PNB, Swing conducted himself inappropriately on multiple occasions.

77. On Ms. BRHs birthday, Swing visited the bank. He told Ms. BRH he had a present for

her and asked her to come around the counter. Swing then handcuffed Ms. BRHs wrists behind

her back and spanked her buttocks.

78. In the summer of 2008, Ms. BRH was coming back from a lunch break. Swing was

sitting in his van in the parking lot and called Ms. BRH over to his vehicle. Swing pulled his

penis out of his shorts and asked Ms. BRH to touch him. Swing grabbed Ms. BRHs hand and

tried to pull it toward him.

79. In 2009, Ms. BRH was at a bar with a few friends. Swing spotted Ms. BRH at the bar and

sat down next to her. Swing placed his hand on her leg underneath the table and Ms. BRH

pushed it off. Swing placed it there again and rubbed Ms. BRHs leg. She moved her leg and

Swing gave up and left the bar.

4. Ms. MS

80. MS was also employed by Park National Bank while Swing was a customer there. Swing

conducted himself in an inappropriate sexual manner on multiple occasions with Ms. MS.

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81. Ms. MS once asked Swing if Miami Township would either hire her or let her volunteer

as she was interested in criminal justice. Swing agreed to deliver a letter of inquiry to the Chief

of Police. Ms. MS called Swing to get his advice and Swing said he would pick up the letter

from where she was housesitting. Once he arrived, he asked if he could come inside and tour the

house. Ms. MS agreed at first, but as soon as they were inside the house, Swing grabbed Ms. MS

from behind in a hug and pushed her against the counter with his body. Ms. MS asked Swing to

stop multiple times before Swing finally let her go. After that encounter, Swing continued

propositioning Ms. MS stating, Hey if we go upstairs for a little while, no one will know and

Lets go upstairs, it will only take a minute.

82. Once Swing delivered Ms. MSs letter to the Chief, Swing told Ms. MS she owed him

for this and that it was time to pay up.

83. After Ms. MS acquired an internship at the police department, she began doing ride-a-

longs with Miami Township officers. Ms. MSs first ride-a-long with Swing was in December

2014. During this ride-a-long, Swing put his hands on hers, he rubbed her arm, and he rubbed her

leg a few times. These sexual touchings were unwanted. Upon information and belief, officials

at the police department were aware of Ms. MSs unwanted encounters with Sgt. Swing.

Ms. Hittle Suffered Serious Harm from Swings Sexual Assault

84. Sgt. Swings sexual misconduct, abuse, harassment, assault and touching were all

unwanted by Ms. Hittle. She felt frightened and afraid by his escalating sexual misconduct and

threats not to report what he did to her.

85. The day after the sexual assault, Ms. Hittle was to receive the 2015 Explorer of the Year

for the Dan Beard Council Cincinnati/Northern Kentucky Law Enforcement Competition. Ms.

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Hittle could not attend the competition and receive her award because she could not bring herself

to be around Miami Township officers.

86. Since Ms. Hittles sexual assault by Swing, Ms. Hittle is less trusting of police officers

and people in general. She cannot be in a closed room alone with men without suffering from

panic attacks. Ms. Hittle has to be positioned close to an exit when alone with men.

87. As a result of the sexual assault, Ms. Hittle sees a therapist to address the trauma related

to her sexual assault. She has been diagnosed with trauma, including post-traumatic stress

disorder, and has undergone treatment.

88. Ms. Hittle now suffers from panic attacks where Ms. Hittle cannot breathe and

hyperventilates. Ms. Hittles panic attacks can be triggered by a flashback.

89. Ms. Hittle suffered a panic attack at the criminal trial related to this matter and had to get

on her hands and knees in court Swing thought it was amusing, smirking at Ms. Hittle as she

tried to catch her breath and recover from the panic attack.

90. Ms. Hittle no longer likes to be touched, which includes friendly hugs from family and

friends.

Miami Township was Aware of Sgt. Swings Inappropriate Sexual Misconduct

91. Miami Township was aware of several prior incidents involving Swing that put it on

notice of Swings inappropriate sexual comments and his history of sexual abuse and harassment

of women he encountered as a police officer.

92. The assistant to the chief of police, Jennifer Ryan, was aware of Swing admitting to a

female citizen that he hid in her bushes outside her home and watched her.

93. Swing made a false, sexually graphic, allegation against two Miami Township police

officers. Swing admits he told Officer Miller that two other officers masturbated to her

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photograph she posted on social media. When one of the accused officers found out about

Swings false accusation, he demanded that Miami Township take the necessary steps to

provide remedial training for Swing as it pertains to Employee Conduct, specifically sexual

harassment issues. Upon information and belief, that training did not take place.

94. Additionally, Swing had inappropriately touched Officer Miller on numerous occasions

at work. Officer Miller told her co-workers about Swings sexual conduct, including her need to

tase him, yet the police department took no action against Swing.

95. Upon information and belief, it was common knowledge within the police department

that Swing sent sexually explicit text messages about Ms. MS and other women using his work

issued cell phone.

96. Swing had naked photographs of women on his work issued cell phone.

97. Swing also used his work issued cell phone to make a video recording of Officer Millers

buttocks.

98. At Swings trial, there was sworn testimony that it was common knowledge within the

Miami Township Police Department that inappropriate sexual behavior was prevalent within the

department.

Policies, Practices, and Customs

99. Officer Swings actions were taken without legal authority.

100. Officer Swings actions were taken pursuant to a policy, practice or custom of Miami

Township that allowed officers to engage in unwanted touching, sexual harassment, sexual

assault, and sexual abuse against women.

101. Defendant Swings actions were committed with malicious purpose, in bad faith, with

deliberate indifference, and in wanton and reckless disregard for the rights of plaintiff to personal

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safety and bodily integrity. Defendant Swings actions were unreasonable and outrageous and

constituted a gross abuse of police power.

102. Miami Township was aware of but deliberately indifferent to the unwanted touchings,

sexual abuse, sexual harassment, and sexual assaults that Officer Swing inflicted on the public

during Swings employment as a police officer. On information and belief, among the facts

known, but ignored, by Miami Township was Officer Swings history of sexual harassment,

sexual touchings, sexual assault, and sexual abuse of women.

103. Defendants Chief Madsen was the final policy maker for Miami Township with regard to

setting policies that allowed Sgt. Swing to sexually abuse, assault, harass and touch Ms. Hittle

without legal authority.

104. Defendants Chief Madsen and Miami Township failed to protect Ms. Hittle from Officer

Swings known sexual abuse and harassment of women.

105. Defendant Chief Madsen and Miami Township failed to adequately train and supervise

Officer Swing not to sexually abuse and sexually harass women.

106. At all relevant times, it was foreseeable to Defendants that Officer Swing would, as part

of his normal duties as a police officer, sexually abuse, assault, touch, and harass women.

107. By failing to adequately have policies to protect women, policies to prevent sexual abuse,

assault, and harassment, failing to adequately train and supervise Officer Swing, Miami

Township acted with deliberate indifference to the health, safety, and rights of women to their

bodily integrity and personal security, including Ms. Ava Hittle.

108. Defendant Miami Township has a policy, practice and custom of failing to supervise

officers to prevent sexual abuse, sexual assault, unwanted sexual touching, and sexual

harassment of female citizens, and failing to train officers to avoid sexual abuse, sexual assault,

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unwanted sexual touching, and sexual harassment of female citizens. The failure to train and

supervise Officer Swing to refrain from sexual abuse, sexual assault, unwanted sexual touching,

and sexual harassment of female citizens was a moving force behind the sexual abuse of Ms.

Ava Hittle and proximately caused her suffering.

109. As a direct and proximate result of the actions of defendants, Ms. Hittle has suffered and

will continue to suffer severe pain and suffering, severe mental and emotional distress,

humiliation, loss of trust in people, and other emotional damages.

V. FIRST CAUSE OF ACTION 42 U.S.C. 1983

110. Paragraphs 1 through 109 are incorporated herein.

111. Defendants, acting under the color of state law and with deliberate indifference, deprived

Ms. Ava Hittle of her rights, privileges and immunities secured by the Fourteenth Amendment to

the United States Constitution including, but not limited to the right to due process including, a)

the right to be protected from intrusions on her body, b) the right to personal security and bodily

integrity, including the right to be free from unwanted sexual abuse, sexual assault, sexual

harassment and unwanted sexual touching without legal authority, c) the right to be free from

deprivations of liberty that shock the conscience.

112. Defendant Chief Madsen and Miami Township failed to provide adequate policies to

guide officers away from conduct that sexually abused, assaulted, harassed or touched female

citizens without legal authority.

113. Defendant Chief Madsen and Miami Township failed to provide adequate policies to

guide officers to protect female citizens from sexual abuse, sexual assault, sexual harassment and

unwanted sexual touching without legal authority.

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114. Defendant Chief Madsen and Miami Township failed to provide officers adequate

training and supervision to protect citizens from unwanted sexual abuse, assault, touching and

harassment.

VI. SECOND CAUSE OF ACTION INTENTIONAL INFLICTION OF

EMOTIONAL DISTRESS

115. Paragraphs 1 through 114 are incorporated herein.

116. Defendant Swing intentionally and/or recklessly acted in a manner, which he knew or

should have known, would cause unreasonable and severe emotional harm to Ms. Ava Hittle.

117. Defendant Swings conduct was extreme and outrageous.

118. Defendant Swings conduct proximately caused Ms. Ava Hittles serious emotional and

physical injuries.

VII. THIRD CAUSE OF ACTION STATUTORY CIVIL ACTION Pursuant to Ohio

Revised Code 2307.60(A)(1)

119. Paragraphs 1 through 118 are incorporated herein.

120. Defendant Swing engaged in criminal acts in violation of R.C. 2907.06. Swing was

convicted of three counts of sexual imposition.

121. Accordingly, as a direct and proximate result of Swings criminal conduct, Ms. Ava

Hittle is entitled to full compensatory damages, punitive damages, attorneys fees, and costs.

JURY DEMAND

Plaintiff hereby demands a trial by jury of all issues triable by jury.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that this Court:

A. Award Plaintiff compensatory damages in an amount to be shown at trial;

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B. Award punitive damages against all Defendants sued in their individual capacity (but not

Miami Township) in an amount to be shown at trial;

C. Award Plaintiff reasonable attorneys fees, costs and disbursements;

D. Award Plaintiff pre and post judgment interest;

E. Grant Plaintiff such additional relief as the Court deems just and proper.

Respectfully submitted,

/s/Jennifer L. Branch
Jennifer L. Branch (0038893)
Trial Attorney for Plaintiff
Alphonse A. Gerhardstein (0032053)
Janaya Trotter Bratton (0084123)
Attorneys for Plaintiff
Gerhardstein & Branch Co. LPA
441 Vine St., Suite 3400
Cincinnati, Ohio 45202
Tel (513) 621-9100
Fax (513) 345-5543
agerhardstein@gbfirm.com
jbranch@gbfirm.com
jtbratton@gbfirm.com

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Case: 1:17-cv-00239-TSB Doc #: 1-1 Filed: 04/13/17 Page: 1 ofNo.
1 1:17-cv-239
PAGEID #: 21
JS 44 (Rev. 08116) 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
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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
I. (a) PLAINTIFFS DEFENDANTS
Ava Hittle Miami Township, et al.

(b) County of Residence of First Listed Plaintiff Clermont 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 (I/Known)
Jennifer Branch 441 Vine Street, Suite 3400
Gerhardstein and Branch Cincinnati, OH 45202
(513) 621-9100
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)
0 I U.S. Government g 3 Federal Question PTIF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State Cl 1 01 Incorporated or Principal Place 0 4 Cl 4
of Business In This State

0 2 U.S. Government 10 4 Diversity Citizen of Another Slate Cl 2 1 2 Incorporated and Principal Place Cl 5 05
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Chizen or Subject of a El 3 0 3 Foreign Nation 136 136

Foreign Country
IV. NATURE OF SUIT (Place an ''X" in One Box Only) Click here for: Nature of Snit (We Descriptions.
ti.f IA I 61',4. RTS * LalifiThrOA gfill:n3M11311MT
.... L uItp-P Y 0 '_. R I.11
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 1 625 Drug Related Seizure 0 422 Appeal 28 USC 158 11 375 False Claims Act
11 120 Marine 0 310 Airplane 0 365 Personal Injuiy - of Property 21 USC 881 0 423 Withdrawal 0 376 Qui Tam (31 USC
0 130 Miller Act 0 315 Aitplane Product Product Liability 0 690 Other 28 USC 157 3729(a))
0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment
0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical ' P {OPER' IN: Rit.il I S 0 410 An0 trust
& Enforcement of Judgment Slander Personal Injury CI 820 Copyrights 0 430 Banks and Banking
ri 151 Medicare Act 0 330 Federal Employers' Product Liability CI 830 Patent 0 450 Contunerce
[I 152 Recovery of Defaulted Liability 1 368 Asbestos Personal 0 840 Trademark 0 460 Deportation
Student Loans 0 340 Marine Injury Product 0 470 Racketeer Influenced and
(Excludes Veterans) 1 345 Marino Product Liability I HIllt 71-5 rigUISWURIX.% Corrupt Organizations
CI 153 Recovery of Ovetpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards CI 861 PEA (1395ff) 0 480 Consumer Credit
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) 0 490 Cable/Sat TV
0 160 Stockholders' Suits 0 355 Motor Vehicle 11 371 Truth in Lending 0 720 Labor/Management 0 863 DTWC/DIWW (405(g)) 0 850 Securities/Commodities/
0 190 Other Contract Product Liability 11 380 Other Personal Relations Cl 864 &SID Title XVI Exchange
0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act Cl 865 RSI (405(g)) CI 890 Other Statutory Actions
0 196 Franchise Willy 0 385 Property Damage 11 751 Family and Medical CI 891 Agricultural Acts
0 362 Personal Stilly - Product Liability Leave Act 0 893 Environmental Matters
Medical Malpractice 0 790 Other Labor Litigation Cl 895 Freedom of Information
::::ffltfitcjAIROPERTY., QI.VL A 10 1 .P. 4,4 11 :Pt/ MA'S Cl 791 Employee Retirement '..'..: 11f.j::'', Act
0 210 Land Condemnation X 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration
Cl 220 Foreclosure CI 441 Voting CI 463 Alien Detainee or Defendant) Cl 899 Administrative Procedure
0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRSThird Party Act/Review or Appeal of
0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 Agency Decision
Cl 245 TortProduct Liability Accommodations Cl 53D General CI 950 Constitutionality of
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty ... .............IF
IIE I ts, ' State Statutes
Employment Other: Cl 462 Naturalization Application
0 446 Amer. vilDisabilities - 0 540 Mandamus & Other 1 465 Other Immigration
Other 1 550 Civil Rights Actions
Cl 448 Education 1 555 Prison Condition
1 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an "X" In One Box Only)
X i Original 171 2 Removed from Cl 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 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. 1983
VI. CAUSE OF ACTION Brief dIsc;-6ti=e: cittAi_
/11 0 "0 C...0-4- cl...-d 7a
VII. REQUESTED IN O 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 0 No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATRyi SIGNATIJItE OF ATTO a EY OF REco
/7
FOR OFFICE USE ONLY
RECEIPT it AMOUNT APPLYING IFP JUDGE MAO. JUDGE