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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION WESLEY TAYLOR,

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Plaintiff, v. CONSOLIDATED GOVERNMENT OF INDIANAPOLIS AND MARION COUNTY, Defendant.

Case No.: 1:15-cv-1392

COMPLAINT COMES NOW, Plaintiff Wesley Taylor, by counsel, and complains against the Consolidated City of Indianapolis and Marion County, and states and alleges as follows: VENUE AND JURISDICTION 1. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331 and supplemental jurisdiction of the Indiana state law claims pursuant to 28 U.S.C. § 1367. 2. Venue is proper under 28 U.S.C. § 1391 in that the claim alleged herein arose in and the location of the Defendants are in Marion County, Indiana, within the Southern District of Indiana. PARTIES AND RECITALS 3. Plaintiff Wesley Taylor (hereinafter, “Taylor”) is an individual residing in Marion County, Indiana. At all times relevant, Taylor was a resident of Marion County, Indiana. 4. Defendant Consolidated City of Indianapolis and Marion County (hereinafter, “City of Indianapolis”) is an Indiana municipality located in Marion County, Indiana.

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5. Indianapolis Metropolitan Police Department (hereinafter, “IMPD”) is the police department of the City of Indianapolis. The central office is located at 50 North Alabama Street, Indianapolis, IN 46204. FACTUAL ALLEGATIONS 1. On August 9, 2008, Taylor was arrested for carrying a handgun without a license and resisting law enforcement under Cause No.: 49F07-0808-CM-188605. 2. Taylor found out that Timothy Ware had stolen his identity, which in turn, wrongfully implicated Taylor in the criminal conduct and criminal history of Ware. 3. Ware stole and used or otherwise misappropriated Taylor’s identity. 4. Ware has a known criminal history, including a murder conviction as well as a conviction for carrying a handgun without a license and possession of marijuana. 5. Because Ware stole and used or otherwise misappropriated Taylor’s identity, Taylor was wrongfully associated with Ware’s criminal history and in certain criminal cases against Ware. 6. At all times relevant, Ware and Taylor are two separate and distinct individuals. 7. On or about February 3, 2008, Ware was arrested under Cause No.: 49G05-0802-CM030528 for carrying a handgun without a license (among other charges). 8. Upon being arrested under Cause No.: 49F07-0808-CM-188605, Taylor, due to the wrongful association with Ware, was not released or eligible for bond, and spent time in jail. 9. Taylor was ultimately released after the wrongful association was noted. 10. On or about February 17, 2009, after becoming aware of the identity theft, Taylor went the IMPD to get his fingerprints taken and received a “Thumbprint ID” with Taylor’s

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picture, his gallery number, as well as state that Taylor did not perpetrate the criminal acts alleged against Ware for which he was wrongfully associated with. 11. On April 14, 2010, Ware plead guilty to all counts under Cause No.: 49G05-0802-CM030528. 12. On June 9, 2010, Taylor received notice that his driver’s license was going to be automatically suspended due Ware’s convictions entered under Cause No.: 49G05-0802CM-030528. 13. On August 3, 2010, Marion County Deputy Prosecutor Catherine Wilson filed a motion to expunge the mandatory drivers’ license suspension and because the “suspension will occur based on a conviction in” Cause No.: 49G05-0802-CM-030528. 14. Taylor pled with the IMPD and notified staff of the Marion County Superior Criminal Division 5 staff that his name needs to be cleared from any and all of Ware’s cases Taylor was wrongfully implicated. 15. Taylor’s pleas were to no avail. 16. Taylor even filed a police report on October 13, 2010 with Brian Morris of the Organized Crime Unit at the East District Office for identity theft against Ware. 17. Despite the repeated fleas and general notice, Ware’s convictions and prior criminal history continued to be transmitted and were unchanged in the National Crime Information Center database, the databased used for criminal background checks. 18. On April 22, 2013, Taylor applied for a gun permit. 19. In September 2013, Taylor received notice that the Indiana State Police denied his gun permit because of information received by the IMPD that Taylor had a prior conviction for carrying a handgun without a license as well as a conviction for murder.

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20. Taylor is not otherwise excluded from owning, carrying or otherwise having a handgun. 21. The only basis of the denial of a gun permit was that Taylor was wrongfully implicated by Ware, and remained to be until approximately January 2015. 22. Until approximately January 2015, Taylor’s name was wrongfully listed on the docket/chronological case summary under Cause No.: 49G05-0802-CM-030528. 23. On August 2, 2013, Taylor started a weekend job with Guitar Center Distribution Center (“Guitar Center”) in Brownsburg, Indiana conditioned on a criminal background check. 24. On September 2, 2013, Taylor was fired from Guitar Center because his background check returned indicating a criminal history that would precluded his further employment with Guitar Center. 25. In July 2014, Taylor applied for a job with Comcast as a customer service specialist/representative. 26. On July 16, 2014, Taylor received an offer of employment, but which was condition on a drug screen and criminal background check. 27. On or about July 31, 2014, Comcast (through their job application processor Carco Group, Inc.) reported that Taylor had a criminal history which would preclude him from being hired by Comcast. 28. On August 28, 2014, Taylor was notified that he was denied candidacy for the position with Comcast. 29. At all times relevant, Taylor did not have a criminal history would preclude him from any employment, including with Comcast or Guitar Center. 30. The criminal history noticed by Comcast and Guitar Center was, in fact, the criminal history of Timothy Ware (“Ware”).

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31. But for the misclassification and utter disregard for Taylor’s life, Taylor would not have been precluded from any employment. COUNT 1: §1983—DEFAMATION 32. City of Indianapolis’s actions constitutes defamation in violation of the Fourth Amendment of the United States Constitution which is actionable under 42 U.S.C. §1983. COUNT 2: DEFAMATION 33. City of Indianapolis’s actions constitute defamation under Indiana state law. COUNT 3: DEFAMATION PER SE 34. City of Indianapolis’s actions constitute defamation per se under Indiana state law. COUNT 4: §1983—SECOND AMENDMENT 35. City of Indianapolis’s actions constitute a violation of the Second Amendment of the United States Constitution which is actionable under 42 U.S.C. §1983. RESERVATION OF RIGHTS 36. Taylor reserves the right to proceed with any and all claims which the facts averred in this complaint support, pursuant to the notice pleading requirement of F.R.C.P. 8. WHEREFORE, Taylor respectfully request this Court to enter judgment in favor of him on all counts of this Complaint, award him compensatory damages and punitive damages as well as costs, and grant him such other and further relief as this Court deems just under the circumstances, including, but not limited to, attorney’s fees.

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Respectfully submitted, s/ Alex Beeman Andrea L. Ciobanu, #28942-49 Alex Beeman, #31222-49 CIOBANU LAW, P.C. 8910 Purdue Road, Suite 240 Indianapolis, IN 46268 Phone: (317) 495-1090 Fax: (866) 841-2071 Email: [email protected] Email: [email protected]

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