Pysco cop from Diamondhead complaint for damages.

[mrsat_98]

Diamondhead's Fred Ensminger gets sued. A Little Background on Diamondhead Police Departments Fred Ensminger by William Grigg.

http://www.lewrockwell.com/blog/lewrw/archives/65017.html

http://www.lewrockwell.com/grigg/grigg-w168.html

Funny thing about Fred Ensminger, the moron has another one coming.


IN THE CIRCUIT COURT OF GARLAND COUNTY, ARKANSAS
CIVIL DIVISION

FRED ENSMINGER PLAINTIFF/
COUNTER-DEFENDANT

VS. NO. CV 2010-1238

JERRY CHAMBLISS DEFENDANT
COUNTER-PLAINTIFF

CYNTHIA NELSON INTERVENOR

Vs.

DIAMONDHEAD PROPERTY OWNERS THIRD PARTY DEFENDANT
ASSOCIATION, INC.


THIRD-PARTY COMPLAINT

Comes now the Intervenor, Cynthia Nelson, and Jerry Chambliss, Defendant/Counter-Plaintiff (hereinafter referred to as “Nelson” and “Chambliss”) by and through their attorney, Jerrie Grady, and for their Complaint against Plaintiff/Counter-Defendant, Fred Ensminger (hereinafter referred to as “Ensminger”) and Third-Party Defendant, Diamondhead Property Owners Association, Inc. (hereinafter referred to as “DPOA”), states and alleges the following:
1. The acts complained of occurred in Garland County, Arkansas on or about July 21, 2010.
2. On October 12, 2010, Ensminger filed his original complaint in this matter naming Jerry Chambliss as defendant. He did not have Mr. Chambliss served until March 28, 2011. Mr. Chambliss timely filed an Answer on April 11, 2011.
3. Cindy Nelson is, and has been at all times relevant, married to Jerry Chambliss. They reside together in Garland County, Arkansas.
4. Ensminger was, at the time of the occurrence described herein, an employee of the Diamond Police Department and was, at all times mentioned herein, acting within the scope of his employment
5. Diamondhead Police Department (“DPD”) is a division of and employed by Third-Party Defendant DPOA.
6. DPOA is an Arkansas not-for-profit corporation and is subject to the personal jurisdiction of this court. The registered agent is Jonathan D. Jones, Sr., 424 Ouachita Avenue, Hot Springs, Arkansas 71901.
7. Third-Party Defendant DPOA is liable for damages caused by the acts and omissions of Ensminger as herein described under the theory of respondeat superior.
8. On July 21, 2010, Ensminger was employed as a Diamondhead Police Officer. On this particular day, Ensminger was supposed to be off-duty. He was traveling in an unmarked pickup truck equipped with red and white lights mounted in the dash and a siren. At approximately 5:25 p.m., Nelson was returning home from work. She, along with her husband Chambliss, reside in the Diamondhead gated community. As Nelson passed through the gates of Diamondhead, Ensminger was parked on the side of the road in his truck. As Nelson drove past him, he pursued her all the way to her residence at 319 Coolwood Terrace.
9. During the pursuit, Ensminger called DPD dispatch and asked Barbara Herring, dispatcher for the DPD, to identify a license number. Ms. Herring placed Ensminger on hold at which time she received a call from Chambliss requesting an officer be sent to his home because his wife was being aggressively pursued by a strange man. Nelson had called her husband in a panic because an unknown man was following her. Ms. Herring told Chambliss okay and then returned to the call with Ensminger and informed him that the license plate number came back to Cynthia Nelson and Jerry W. Chambliss of 319 Coolwood.
10. During the pursuit, Nelson and Ensminger were forced to come to a stop by a flagger working for a road crew due to road construction. At no time during this stop did Ensminger exit his vehicle, identify himself and explain why he was pursuing Nelson, nor did he terminate the pursuit.
11. When traffic was allowed to proceed, Ensminger continued the pursuit while Nelson was on the phone with her husband reporting to him what was going on.
12. When Nelson arrived home, Chambliss was waiting outside for her by the garage door. He then walked toward the end of his driveway with his hands in the air motioning for the driver of the truck (Ensminger) to stop. Ensminger did not stop and proceeded to hit Chambliss with his truck.
13. Chambliss was able to get up and when he turned around, he saw Ensminger get out of his truck with a gun in his hand. Chambliss then went inside his home and retrieved a gun.
14. Ensminger then shot at Chambliss at which time Chambliss returned fire.
15. While Ensminger was shooting at her husband, Nelson called DPD seeking help.
16. Ensminger received a gunshot wound then left Nelson and Chambliss’ residence.
17. Garland County Police and Arkansas State Police officers arrived at Nelson and Chambliss’ residence shortly after Ensminger drove away. Chambliss and Nelson were handcuffed and placed face-down on the ground for over thirty minutes. Chambliss was kept in handcuffs and restrained in a lawnchair for five and a half hours. Nelson was placed in a police car and taken to the police station in Hot Springs where she was kept until sometime after 10:00 p.m. before she was allowed to return home.

COUNT ONE – ASSAULT AND BATTERY

18. Ensminger acted in such a manner as to create a reasonable apprehension of immediate harmful or offensive contact upon Nelson and Chambliss.
19. Ensminger intended to cause Nelson and Chambliss apprehension.
20. Nelson and Chambliss were put in apprehension by Ensminger’s unlawful pursuit of Nelson and his subsequent shooting of their home and at Chambliss.
21. As a result of the assault, Nelson and Chambliss suffered mental anguish and emotional distress, as well as physical illness.
22. Ensminger unlawfully and illegally drove his pickup truck onto Chambliss and Nelson’s property located at 319 Coolwood Terrace, Hot Springs, Arkansas, without any just or reasonable cause therefore, and without provocation, maliciously and violently struck Chambliss with the truck causing various contusions, abrasions, lacerations, and permanent bodily injuries to Chambliss. Said injuries have required medical treatments resulting in substantial expenses.
COUNT TWO – PROPERTY DAMAGE

23. Immediately after running over Chambliss with his truck, Ensminger then wrongfully, intentionally, unlawfully, and violently assaulted Nelson and Chambliss by firing at them with a loaded handgun, the bullets from which passed through their home causing property damage.
COUNT THREE – MALICIOUS PROSECUTION/ABUSE OF PROCESS AND FALSE IMPRISONMENT

24. Following the shooting, Ensminger then knowingly and intentionally reported to the Garland County Sheriff’s Department that he had been shot and that he then returned fire in self-defense. That statement was a material misrepresentation which resulted in Chambliss and Nelson being falsely restrained of their liberty and imprisoned for hours against their will causing great mental anguish, emotional distress, embarrassment, humiliation, mortification and injured their reputation.

COUNT FOUR – GROSS NEGLIGENCE

25. That in the alternative, Ensminger and DPOA were grossly negligent when Ensminger chose to act as an officer on duty and proceeded to trespass upon private property without sufficient grounds to do so, then proceeded to open fire without sufficient provocation placing Chambliss and Nelson in serious harm. That due to Ensminger and DPOA’s gross negligence, Chambliss and Nelson suffered damages that were directly and proximately caused by said gross negligence.

COUNT FIVE – NEGLIGENCE
26. That in the alternative, Ensminger was negligent by trespassing onto Nelson and Chambliss’ property when he drove his pickup truck into their driveway after Chambliss demanded that Ensminger cease and desist from trespassing, but despite such demands, continued to trespass and struck Chambliss with his vehicle. That in the alternative, the occurrence described herein and all damages sustained by Chambliss and Nelson were directly and proximately caused by the negligence of Ensminger and DPOA.

COUNT SIX – NEGLIGENT HIRING

27. DPOA, as the employer of Ensminger, knew, or in the exercise of ordinary care should have known, that Ensminger’s conduct would subject third parties to an unreasonable risk of harm as he had a history of violence and dishonesty while acting in the capacity as a law enforcement officer.
28. That in 2003, Ensminger, while working for the Shannon Hills police department, was charged with property theft and was involved in a subsequent shooting in 2005. He was terminated by the Shannon Hills police department due to an assault case which included a false statement to police on Ensminger’s part.
29. After Ensminger’s termination from Shannon Hills, he went on to work as a law enforcement officer for the Alexander Police Department. While there, he was arrested on a domestic battery charge. Ensminger later resigned from his employment by the Alexander Police Department.
30. Had DPOA exercised ordinary care in conducting a proper background check before hiring Ensminger, DPOA would have known Ensminger was unsuitable, unfit, and incompetent to serve as an officer.
31. That DPOA’s negligent hiring of Ensminger was a direct and proximate cause of the injury and damages to Chambliss and Nelson and that the harm caused to them by Ensminger was foreseeable.
32. That Ensminger has since been decommissioned as a law enforcement officer due to the incident that occurred on July 21, 2010 at the home of Nelson and Chambliss.

COUNT SEVEN – NEGLIGENT RETENTION

33. On or about June 28, 2010, a complaint had been filed against Ensminger
due to him threatening to drown children that lived in the Diamondhead community. Ensminger also told the children he had bullets in his pockets to scare and intimidate the children.
34 The children involved in the incident suffered mental and emotional
distress by Ensminger’s tortious acts.
35. A formal complaint was filed against Ensminger to DPD by a parent of one of the victims requesting action to be taken.
36. DPD, nor DPOA, took action against Ensminger, but rather retained him as an officer. Such retention was negligence which was a direct and proximate cause of the injuries and damages sustained by Chambliss and Nelson. Further the harm that was caused by Ensminger to Chambliss and Nelson was foreseeable given Ensminger’s conduct.

COUNT EIGHT– NEGLIGENT SUPERVISION

37. When Barbara Herring, dispatcher for DPD on July 21, 2010, received the call from Ensminger to run Nelson’s tags and then that call was interrupted by a call from Jerry Chambliss, DPD should have exercised ordinary care to ensure the safety of Jerry Chambliss and Nelson but failed to do so.
38. DPD failed to exercise reasonable diligence and knew or should have known, based upon Ensminger’s conduct, that the safety of Chambliss and Nelson might be compromised.
39. DPOA is liable for negligent supervision because no one from DPD exercised any supervisory care whatsoever to ensure the safety of Chambliss and Nelson.
40. As a direct and proximate result of DPOA’s negligent supervision, Chambliss and Nelson suffered injuries and damages for which DPOA is liable.

COUNT NINE – OUTRAGE

41. Ensminger's conduct was willful and wanton and is extreme and outrageous and is of the type of conduct which goes beyond all possible bounds of decency, and is regarded as atrocious and utterly intolerable in a civilized society. Consequently, Ensminger is liable to Chambliss and Nelson based on the tort of outrage.
42. Further, DPOA is liable for the damages caused to Chambliss and Nelson under the theory of respondeat superior.
43. As a direct and proximate result of the outrageous attack, Nelson and Chambliss have suffered in the past, continue to suffer, and will suffer in the future extreme mental anguish and suffering. Chambliss and Nelson were extremely frightened, horrified, humiliated, nauseated, and very embarrassed. The trauma that Chambliss and Nelson have experienced has affected their ability to perform their job duties, thus, causing substantial wage losses. In addition, they have suffered extreme mental and emotional distress for which medical treatments have been necessary resulting in substantial medical expenses.

DAMAGES
44. As a direct and proximate result of the tortious conduct, or in the alternative, negligence, perpetrated by Ensminger and DPOA, Chambliss and Nelson have suffered property damage; injury to their reputation; loss of occupation; loss of consortium; humiliation; mortification; medical expenses; lost wages; mental anguish, fright and anxiety; significant pain and suffering; past, present and permanent physical injuries. Such damages are in excess of the minimum amount required for diversity of citizenship suits in United States District Courts.
PUNITIVE DAMAGES

45. The tortious conduct that was committed by Ensminger and DPOA was egregious and oppressive and characterized by malice, wantonness, willfulness, viciousness, and violence justifying the imposition of punitive damages.
DEMAND FOR JURY TRIAL

46. Chambliss and Nelson demand a jury trial pursuant to Rule 38 of the

Arkansas Rules of Civil Procedure as to all issues so triable.


WHEREFORE, Cindy Nelson and Jerry Chambliss, pray that they be granted judgment over and against Ensminger and Diamondhead Property Owners Association, Inc. for the damages described above which damages exceed the minimum amount required for diversity of citizenship suits in United States District Courts; for punitive damages; for recovery of their costs of this action; attorney’s fees; and for all other just and proper relief to which they may be entitled.

CINDY NELSON, Intervenor
JERRY CHAMBLISS, Defendant/Counter-Plaintiff
By:_______________________________
Jerrie L. Grady #98150
Attorney at Law
Post Office Box 2481
Batesville, AR 72501
870/793-4147

 

[heavenlyboy34]

Hope this thug spends a very long time in a very small cell with cellmates who routinely rape and beat him.

 

[realtonygoodwin]

Psycho

 

[mrsat_98]

Arkansas Lawsuit Targets Abusive “Gypsy Cop”

Jerry Chambliss of Diamondhead, Arkansas was nearly murdered by Fred Ensminger on the evening of July 21, 2010. In the aftermath of a road-rage incident involving Chambliss’s wife, Cindy Nelson, Ensminger pulled up to the couple’s home in his SUV, then hit Chambliss when the homeowner signaled the driver to stop. Ensminger then drew a gun and opened fire.

“This guy …　 just tried to run my husband over!”

exclaimed Arkansas resident Cindy Nelson in a frantic 911 call on July 21. “Oh, my God — he’s shooting at us! Oh, my God!”

A few minutes later, Fred Ensminger — the assailant — placed a 911 call of his own: “This is Diamondhead 1106…. I have been shot and I need medical at my front gate ASAP.”

At the time of the incident, Ensminger, was no common psychotic. He was employed by the Police Department of Diamondhead, a gated community located south of Hot Springs. Owing to a history of disciplinary problems and criminal behavior, Ensminger had been dismissed by at least two other departments, wandering as a “Gypsy Cop” before he was hired by the Diamonhead Police Department. Although Ensminger avoided criminal charges, he — along with the Diamondhead Property Owners Association — has been sued by Chambliss and Nelson, who accuse him of assault and battery, malicious property damage, and false imprisonment.

After Ensminger began his armed assault, Chambliss returned fire. The Garland County prosecutor subsequently ruled that the homeowner had acted in self-defense.

Just a few minutes before a terrified Cindy Nelsontold a 911 dispatcher that a “guy with a badge” was trying to murder her husband, she had passed Ensminger’s pickup truck, which　was parked by the side of the road.

As Nelson started to go around the truck, Ensminger pulled out in front of her. An eyewitness recalled that Ensminger “stopped suddenly,” causing Nelson to slam on her brakes to avoid a collision.

According to the witness, Ensminger climbed out of his pickup truck and began to harangue Nelson. She reacted by pulling around him and proceeding down the road. An infuriated Ensminger followed in close pursuit.

With Ensinger’s pickup truck looming in her rear-view, Nelson called her husband, Jerry Chambliss, and told him that she was being followed. She had no idea at this point that her stalker was an off-duty police officer.
After Nelson entered the gated community, Chambliss went into the driveway “with my arms up, palms out, hollering stop, stop, stop, what are you doing?” he later told investigators.

Ensminger gunned the pickup forward, striking Chambliss and knocking him down. He then compounded this act of attempted vehicular homicide by grabbing his 40 caliber Glock and firing several rounds into the garage. At some point Ensminger punctuated his acts of attempted criminal homicide by flashing his state-issued costume jewelry.

Chambliss raced into the house and retrieved a loaded 9mm handgun and returned fire, striking Ensminger in the shoulder and forcing the assailant to withdraw.

After Ensminger called for backup, Nelson made a second 911 call requesting a police officer. When the dispatcher replied that an officer was already on the premises, Nelson suggested that it might be worthwhile to send someone other than the person who had just perforated her home with gunfire.

Following surgery to remove the bullet he had received as a consolation prize for finishing second in a shoot-out, Ensminger filed the predictably perjurious official report. He claimed to have observed Nelson driving erratically, and that she had attempted to run him over when he displayed the trinket denoting his supposed authority.

That claim was demolished by contradictory eyewitness testimony, which established that while Ensminger screamed at Nelson and wagged a finger in her direction, he never flashed his badge (which wouldn’t have made a substantive difference in either moral or legal terms).

Ensminger offered a similarly mendacious version of his encounter with Chambliss. In the officer’s account, he was confronted by an “angry unknown man” who slammed on the hood of his car telling him to get out of the driveway.

In this depiction, Chambliss shot Ensminger without provocation, and the off-duty cop returned fire in self-defense. Once again, that account couldn’t be reconciled with the evidence assembled during an investigation by the Arkansas State Police.

In his official report, state Prosecuting Attorney Steve Oliver concluded that Chambliss “was justified in using deadly physical force in the defense of himself and his wife on July 21, 2010…. Under Arkansas law, Mr. Chambliss was not required to retreat if he was not the original aggressor.”

This of necessity means that Fred Ensminger, the “original aggressor,” committed multiple acts of criminal assault, and thus be subject to prosecution — correct?

Well, no.

Oliver ruled that Ensminger displayed “poor judgment in his aggressive pursuit of Ms. Nelson to her residence but he acted with the belief that he was justified under color of law.”

This unsupportable, invalid “belief” was considered sufficient to exculpate Ensminger’s repeated attempts to murder Jerry Chambliss. Oliver didn’t provide any other explanation for his decision not to file criminal charges of any kind against Ensminger, who not only remains free but was permitted to continue on active duty with the Diamondhead Police Department.

“Just because he has a badge he does not have the right to come down and kill citizens,” Chambliss complained to Little Rock’s Fox 16 News. According to Oliver, that state-issued bauble does indeed confer the authority to commit acts of discretionary murder. Oliver’s report clearly suggests that if Ensminger had displayed his chintzy totem of official privilege during the highway confrontation with Cindy Nelson, Chambliss would be facing criminal charges.

Significantly, the shootout between Ensinger and Chambliss was originally described by the Diamondhead Police and the local media as growing out of a “domestic dispute.”

Chief Pat Mahoney and Garland County Deputy Judy Daniel told Little Rock’s Fox 16 News that they were concerned about their injured comrade, who had been stricken in the line of duty as he was “investigating” a purported episode of domestic violence.

That official lie is indigestibly rich in irony, given the fact that Ensminger — a “gypsy cop” who has been repeatedly fired and punished for disciplinary infractions and criminal acts — was himself arrested on a domestic violence charge in 2006. The victim in that assault, which took place in front of the police station in Alexander, Arkansas, was a female police officer.

“We are very happy that the officer is OK and extremely glad that the suspect is in custody,” stated Deputy Daniel shortly after that heroic defender of public order tried to murder Jerry Chambliss. “It just makes it easier on everybody, the other officers, his family.”

Note how this description of　 “everybody” refers exclusively to those employed as agents of government coercion. The “civilian” who used righteous force to repel Ensminger’s criminal assault apparently doesn’t count. Mere Mundanes never do.

John Frederick Ensminger, petty criminal and itinerant police officer, should be made the poster child for the problem of “Gypsy Cops” — corrupt, abusive officers who drift from one agency to another, enjoying both immunity from prosecution and unassailable job security. This problem is particularly acute in Arkansas, where no certification of any kind is required to become a police officer.

To become a licensed practicing cosmetologist in the State of Arkansas, an applicant must pass a state board examination and complete 2,000 hours of specialized training. For an investment of 600 hours an applicant can qualify to work as a manicurist or instructor.

While Arkansas strictly regulates those who cut hair or paint nails in private, voluntary transactions, it imposes no training or licensing standards whatsoever on armed people clothed in government-issued costumes and the supposed authority to inflict lethal violence on others.

The second night I ever put on a badge and gun I was riding in my own car,” recalls Crittenden County Chief Deputy Tommy Martin. At the time, Martin was 21 years old and hadn’t spent so much as a minute inside a police academy classroom, notes Jill Monier of Memphis’s Fox News affiliate.

“According to Arkansas state law, officers do not have to be certified for up to a year after they’re hired,” observes Monier. “The Commission on Law Enforcement Standards and Training says they can get an 8 month extension on top of that. So for almost 2 years, an officer can patrol the streets, by his or herself, and enforce the law without having any kind of training.”

Understandably, this system is a boon to　 “gypsy” cops. Each time a “gypsy” cop finds a new gig in Arkansas, his 12- to 20-month grace period begins all over again; in this way, officers can be enforcing the “law” for years without receiving certification of any kind.

Ensminger, who couldn’t legally cut hair or manicure nails in Arkansas, remains licensed to kill.

 

[mrsat_98]

His former attorney is not accepting service for him. He has lost his badge

 

[mrsat_98]

Finally he has been served.

 

[angelatc]

What does that mean - the court date is finally set?