IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION LOUIS EDWARD KATONA, JR. ) 1425 Lakewood Drive ) Bucyrus, Ohio 44820 ) ) Plaintiff ) ) v. ) CIVIL NO. 94-CV-1273 ) UNITED STATES OF AMERICA ) ) JUDGE JOHN M. MANOS and ) ) MARILYN A. BOBULA ) Assistant U.S. Attorney ) U.S. Department of Justice ) 1800 Bank One Center ) COMPLAINT 600 Superior Avenue, East ) Cleveland, Ohio 44114-2600 ) [filed 6/21/94] ) and ) JURY DEMAND INCLUDED ) LANCE LEE KIMMELL ) Bureau of Alcohol, Tobacco ) and Firearms, U.S. Treasury ) Department ) 55 Erieview Plaza ) Cleveland, Ohio 44114 ) ) and ) THOMAS J. SCOUFIS ) Bureau of Alcohol, Tobacco ) and Firearms, U.S. Treasury ) Department ) Plaza South 1, Suite 110 ) 7251 Engle Road ) Middleburg Heights, OH 44130 ) ) and ) ) OTHER UNKNOWN ATTORNEYS OF ) THE U.S. DEPARTMENT OF ) JUSTICE, JOHN DOE 1 and JANE ) DOE 1, TRUE NAMES UNKNOWN, ) U.S. Department of Justice ) 1800 Bank One Center ) 600 Superior Avenue, East ) Cleveland, Ohio 44114-2600 ) ) and ) ) OTHER UNKNOWN AGENTS OF THE ) BUREAU OF ALCOHOL, TOBACCO ) AND FIREARMS, U.S. TREASURY ) DEPARTMENT, RICHARD ROE 1 ) and REGINA ROE 1, TRUE NAMES ) UNKNOWN, ) 55 Erieview Plaza ) Cleveland, Ohio 44114 and/or ) Plaza South 1, Suite 110 ) 7251 Engle Road ) Middleburg Heights, OH 44130 ) ) Defendants. ) Now comes Defendant Louis E. Katona, Jr., by undersigned counsel, and for his causes of action states: PARTIES 1. Plaintiff Louis Edward Katona, Jr. is a natural individual residing at 1425 Lakewood Drive, Bucyrus, Ohio, within the jurisdiction of this Court. Plaintiff is a citizen of the United States of America and the State of Ohio. 2. Defendant United States of America is a body politic and the national sovereign. 3. Defendant Marilyn A. Bobula is a natural individual who, at all times relevant, was employed by the United States Department of Justice as an Assistant United States Attorney for the Northern District of Ohio. 4. Defendant Lance Lee Kimmell is a natural individual who, at all times relevant, was employed as a special agent of the Bureau of Alcohol, Tobacco and Firearms, United States Treasury Department, Cleveland Field Division. 5. Defendant Thomas J. Scoufis is a natural individual who, at all times relevant, was employed as a compliance inspector of the Bureau of Alcohol, Tobacco and Firearms, United States Treasury Department, Midwest Region, Cleveland Area Office. 6. Defendants John Doe 1 and Jane Doe 1, whose true names and identities are presently unknown, are supervisors, reviewers and/or managers in the United States Attorney's Office for the Northern District of Ohio whose duties included training, supervising and/or approving the actions of Assistant United States Attorney Marilyn A. Bobula. 7. Defendants Richard Roe 1 and Regina Roe 1, whose true names and identities are presently unknown, are supervisors and/or managers in the Bureau of Alcohol, Tobacco and Firearms whose duties included training, supervising and/or approving the actions of defendants Lance Lee Kimmell and Thomas J. Scoufis. JURISDICTION AND VENUE 8. Plaintiff brings claims arising under Sections 5848, 6103, 7213 and 7431 of Title 26 of the United States Code, the Internal Revenue Code of 1986, as well as under Sections 241, 242 and 1905 of Title 18 of the United States Code and the United States Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Court has jurisdiction over this matter pursuant to 28 U.S.C. sections 1331 and 1340. Jurisdiction over plaintiff's state law claims is proper in this Court pursuant to 28 U.S.C. section 1367(a). 9. Venue is proper in this Court by virtue of 28 U.S.C. section 1391. FIRST CAUSE OF ACTION 10. On or about May 2, 1994, Assistant United States Attorney Marilyn A. Bobula, aided and abetted by defendants Lance Lee Kimmell and Thomas J. Scoufis and others presently unknown to the plaintiff, and purporting to act on behalf of the defendant United States of America, wrongfully disclosed returns, return information and tax return information of the plaintiff (all as defined in 26 U.S.C. section 6103(b)) by publicly filing with the Clerk of this Court in the case entitled United States v. Louis Edward Katona, Jr., Criminal No. 1:94CR008 (USDC N.D. Ohio, E.D.), a document entitled Government's Opposition to Defendant's Motion to Dismiss. 11. Prior to May 2, 1994, defendants Lance Lee Kimmell, Thomas J. Scoufis and others presently unknown to the plaintiff, wrongfully disclosed returns, return information and tax return information of the plaintiff to persons unauthorized by law to receive such disclosures, including defendant Marilyn A. Bobula and others presently unknown to the plaintiff. 12. The wrongful disclosures were made negligently and/or intentionally, wrongfully, willfully, wantonly, recklessly, indifferently, and without legal justification, and in violation of the express provisions of 26 U.S.C. sections 6103 and 7213. 13. As a direct and proximate result of the wrongful conduct of the United States and its officers and agents as set forth above, plaintiff Louis Edward Katona, Jr., suffered damage to his reputation; suffered great humiliation and emotional distress; was made ill; was subject to ridicule, scorn and derision by those knowing of this matter; suffered an invasion of his right to privacy expressly protected by federal statutes; and was otherwise damaged and injured. SECOND CAUSE OF ACTION 14. For his second cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that beginning in February 1992 and continuing through the date of this complaint the defendants Marilyn A. Bobula, Lance Lee Kimmel, Thomas J. Scoufis, and their supervisors and superiors whose names are presently unknown to the defendant, have violated the plaintiff's right against compelled self-incrimination under the Fifth Amendment to the United States Constitution, as codified in 26 U.S.C. section 5848, by unlawfully disclosing and using against him in a criminal proceeding required records and information compelled to be submitted by the National Firearms Act, 26 U.S.C. sections 5801-5872. 15. Defendants Marilyn A. Bobula, Lance Lee Kimmel, Thomas J. Scoufis, and their supervisors and superiors whose names are presently unknown to the defendant, acted negligently and/or intentionally, wrongfully, willfully, wantonly, recklessly, indifferently, and without legal justification, when they unlawfully disclosed and used against the plaintiff records and information protected by the Fifth Amendment and 26 U.S.C. section 5848. 16. As a direct and proximate result of the wrongful conduct of the defendants Marilyn A. Bobula, Lance Lee Kimmel, Thomas J. Scoufis, and their supervisors and superiors whose names are presently unknown to the defendant, set forth above, plaintiff Louis Edward Katona, Jr., suffered damage to his reputation; suffered great humiliation and emotional distress; was made ill; was subject to ridicule, scorn and derision by those knowing of this matter; suffered an invasion of his right to privacy expressly protected by federal statutes; was wrongfully and maliciously indicted by the United States; and was otherwise damaged and injured. THIRD CAUSE OF ACTION 17. For his third cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that beginning in February 1992 and continuing through the date of this complaint the defendants Marilyn A. Bobula, Lance Lee Kimmel, Thomas J. Scoufis, and their supervisors and superiors whose names are presently unknown to the defendant, have violated the plaintiff's right to privacy and to be secure in his papers and effects under the Fourth Amendment to the United States Constitution, as codified in 26 U.S.C. section 7213 and 18 U.S.C. section 1905, and his rights under the Fifth Amendment to the United States Constitution to due process of law and to equal protection of the laws, as codified in 18 U.S.C. sections 242 and 242, by unlawfully disclosing and using against him required records and information compelled to be submitted by the National Firearms Act, 26 U.S.C. sections 5801-5872. 18. Defendants Marilyn A. Bobula, Lance Lee Kimmel, Thomas J. Scoufis, and their supervisors and superiors whose names are presently unknown to the defendant, acted negligently and/or intentionally, wrongfully, willfully, wantonly, recklessly, indifferently, and without legal justification, when they unlawfully disclosed and used against the plaintiff records and information protected by the Fourth and Fifth Amendments, 18 U.S.C. section 242, 242 and 1905, and 26 U.S.C. section 6103. 19. As a direct and proximate result of the wrongful conduct of the defendants Marilyn A. Bobula, Lance Lee Kimmel, Thomas J. Scoufis, and their supervisors and superiors whose names are presently unknown to the defendant, set forth above, plaintiff Louis Edward Katona, Jr., suffered damage to his reputation; suffered great humiliation and emotional distress; was made ill; was subject to ridicule, scorn and derision by those knowing of this matter; suffered an invasion of his rights to privacy, due process of law and equal protection of the laws expressly protected by federal statutes; was wrongfully and maliciously indicted by the United States; and was otherwise damaged and injured. FOURTH CAUSE OF ACTION 20. For his fourth cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that defendants John Doe 1 and Jane Doe 1, at all times relevant, were the supervisors, superiors and/or managers responsible for supervising, monitoring and training the defendant Marilyn A. Bobula. 21. Defendants John Doe 1 and Jane Doe 1 acted negligently and/or intentionally, wrongfully, willfully, wantonly, recklessly, indifferently, and without legal justification when they consented to and/or authorized and/or directed and/or failed to prohibit the defendant Marilyn A. Bobula from making the illegal and unlawful disclosures complained of. 22. The actions of defendants John Doe 1 and Jane Doe 1 in their failure to properly train, monitor and supervise the defendant Marilyn A. Bobula in the performance of her official duties amount to a deliberate indifference to the constitutional and statutory and common law rights of persons such as the plaintiff. 23. As a direct and proximate result of the conduct of defendants John Doe 1 and Jane Doe 1, plaintiff suffered the damages set forth above. FIFTH CAUSE OF ACTION 24. For his fifth cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that defendants Richard Roe 1 and Regina Roe 1, at all times relevant, were the supervisors, superiors and/or managers responsible for supervising, monitoring and training the defendants Lance Lee Kimmell and Thomas J. Scoufis. 25. Defendants Richard Roe 1 and Regina Roe 1 acted negligently and/or intentionally, wrongfully, willfully, wantonly, recklessly, indifferently, and without legal justification when they consented to and/or authorized and/or directed and/or failed to prohibit the defendants Lance Lee Kimmell and Thomas J. Scoufis from making the illegal and unlawful disclosures complained of. 26. The actions of defendants Richard Roe 1 and Regina Roe 1 in their failure to properly train, monitor and supervise the defendants Lance Lee Kimmell and Thomas J. Scoufis in the performance of their official duties amount to a deliberate indifference to the constitutional and statutory and common law rights of persons such as the plaintiff. 27. As a direct and proximate result of the conduct of defendants Richard Roe 1 and Regina Roe 1, plaintiff suffered the damages set forth above. SIXTH CAUSE OF ACTION 28. For his sixth cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that the foregoing conduct of the defendants constitutes an invasion of the right of privacy of the plaintiff under the law of the State of Ohio in that there was an unwarranted intrusion into the plaintiff's life and business and a disruption of the peace and tranquility of the plaintiff's home, all in such a manner as to outrage or cause mental suffering, shame, or humiliation to the plaintiff. 29. The conduct described above was willful, wanton, malicious, unprivileged, and accomplished without legal justification. 30. As a direct and proximate result of the conduct of the defendants, the plaintiff has suffered the damages described above. SEVENTH CAUSE OF ACTION 31. For his seventh cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that the foregoing conduct of the defendants can be characterized by hatred, ill will, or a spirit of revenge and/or a conscious disregard of plaintiff's rights, and without probable cause or legal justification instituted proceedings which led to the plaintiff's indictment. 32. Plaintiff, within due course, will be acquitted of all charges maliciously instituted by the defendants. 33. As a direct and proximate result of the malicious prosecution, plaintiff suffered the damages described above. EIGHTH CAUSE OF ACTION 34. For his eighth cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that the defendants by extreme and outrageous conduct intentionally and/or recklessly caused the plaintiff to suffer extreme emotional distress. 35. As a direct and proximate result of the defendants' conduct the plaintiff suffered the damages described above. NINTH CAUSE OF ACTION 36. For his ninth cause of action, plaintiff restates all the foregoing as if fully set out again, and states further that defendants failed to exercise ordinary reasonable care when they falsely, publicly, and maliciously defamed the plaintiff, both orally and by written publication, when they asserted that the plaintiff was in illegal possession of a suppressor not lawfully registered to him, that plaintiff had committed a false statement to the Bureau of Alcohol, Tobacco and Firearms, and that plaintiff had otherwise violated provisions of federal law. 37. The defendants had knowledge or knew with a high degree of awareness that the above accusations were false. 38. As a direct and proximate result of the defendants' conduct, the plaintiff sustained the damages described above. JURY DEMAND A trial by jury is hereby demanded on all issues so triable. JAMES H. JEFFRIES, III (North Carolina Bar No. 18502) 3019 Lake Forest Drive Greensboro, North Carolina 27408 Telephone: (910) 282-6024 ROBERT E. SANDERS (D.C. Bar No. 382566) 7125 Sixteenth Street, Northwest Washington, D.C. 20012 Telephone: (202) 723-2998 TIMOTHY A. SHIMKO (Ohio Bar No. 0006736) 2010 Huntington Building 925 Euclid Avenue Cleveland, Ohio 44115 Telephone: (216) 241-8300 Counsel for Plaintiff