Post by KC on Feb 24, 2007 20:44:00 GMT -5
A woman who said she was humiliated by city police officers seeking to arrest her son for DUI at her home has filed a $40 million Federal Court lawsuit.
Patricia Turner Arbuckle sued the city, Officers Thomas Buttry and William S. Campbell and two unidentified officers.
The suit, filed by attorney Robin Flores, said a citizen, Lee Blake, told police on March 13, 2006, at 3 a.m. that he was observing a person erratically driving a pickup truck on I-24. He said the vehicle had hit a mailbox and a guardrail.
He followed the pickup to 3622 Conner St. - the Arbuckle residence. Officers said the pickup was registered to Benjamin Arbuckle, Ms. Arbuckle's son, who lived in a separate apartment at the residence.
The suit says Officers Campbell and Buttry rang the upstairs front doorbell of the residence and Ms. Arbucke awoke and approached the front door. It says she demanded to know who was at the door, and either Officer Campbell or Officer Buttry yelled, “open the door!”
The suit says Ms. Arbuckle again demanded for those at the door to identify themselves, and "they only yelled in response for plaintiff to open the door or that they would kick the door down."
It says she "again demanded for Campbell and Buttry to identify themselves and either Campbell or Buttry yelled they were the police and for plaintiff to open the door."
The suit says Ms. Arbuckle "demanded for Campbell and Buttry to show them a badge, and either Campbell or Buttry yelled they were going to kick down the door. Plaintiff could only see a hand holding a gun at the stain glass window of her front door.
"Plaintiff ran to her kitchen and began to call 911, but the call did not go through to the operators, and plaintiff believes this was a dropped call.
"Either Campbell or Buttry beat an object against the stain glass window of plaintiff’s front door, and broke the glass while shouting, 'Here’s my badge, now open the door!'
"As a direct result of the conduct of Campbell and Buttry, the plaintiff’s house alarm went off.
"At no time during this incident did any defendant officer obtain a warrant to search or enter the residence. At no time during this incident did any defendant officer have probable cause to believe that a felony had been committed in any fashion to require a warrantless entry into the residence. At no time during this incident did the officers engage in a “hot pursuit’ of anyone into the residence.
"Plaintiff opened the door, and Campbell and Buttry pushed the door open and pointed their guns at plaintiff.
"Campbell and Buttry demanded to know the whereabouts of her son while pointing their guns at her. Once her son opened the door, one of the officers jerked the son by his shoulders and threw him against the pickup with unnecessary force.
"Campbell and Buttry continued to pound her son against the pickup in the plaintiff’s full view and while her son was handcuffed.
"Plaintiff asked one of the officers, she believes Campbell or Buttry, why they were arresting her son and acting in the manner that they acted. The response from the officers was that Blake was a plain clothes policeman who saw her son hit a mailbox. Blake is not a law enforcement officer nor was he acting as a law enforcement officer during this incident."
The suit says Benjamin Arbuckle was charged with DUI, leaving the scene of an accident, and implied consent law violation.
It says General Sessions Court Judge Richard Holcomb dismissed the cases on Aug. 24, 2006, upon motion of the district attorney.
The suit says, "Plaintiff had not physically assaulted nor resisted the officers in any manner, and the officers’ force was unnecessary to affect the search of her home for her son, was unreasonable, and was excessive, and constituted an unlawful and unreasonable seizure of the plaintiff.
"None of these defendants nor the city have compensated plaintiff for her damages to the stain glass window."
It says, "At no time did any of the individual defendants come to the aid of plaintiff in any manner, nor render any aid to the plaintiff in any manner, nor report the misconduct of Campbell and Buttry. Campbell and Buttry had no probable cause to seize plaintiff in any manner whatsoever."
The suit asks $15 million compensatory damages and $25 million punitive damages.
www.thnt.com/apps/pbcs.dll/article?AID=/20070224/NEWS01/702240402/1005
Patricia Turner Arbuckle sued the city, Officers Thomas Buttry and William S. Campbell and two unidentified officers.
The suit, filed by attorney Robin Flores, said a citizen, Lee Blake, told police on March 13, 2006, at 3 a.m. that he was observing a person erratically driving a pickup truck on I-24. He said the vehicle had hit a mailbox and a guardrail.
He followed the pickup to 3622 Conner St. - the Arbuckle residence. Officers said the pickup was registered to Benjamin Arbuckle, Ms. Arbuckle's son, who lived in a separate apartment at the residence.
The suit says Officers Campbell and Buttry rang the upstairs front doorbell of the residence and Ms. Arbucke awoke and approached the front door. It says she demanded to know who was at the door, and either Officer Campbell or Officer Buttry yelled, “open the door!”
The suit says Ms. Arbuckle again demanded for those at the door to identify themselves, and "they only yelled in response for plaintiff to open the door or that they would kick the door down."
It says she "again demanded for Campbell and Buttry to identify themselves and either Campbell or Buttry yelled they were the police and for plaintiff to open the door."
The suit says Ms. Arbuckle "demanded for Campbell and Buttry to show them a badge, and either Campbell or Buttry yelled they were going to kick down the door. Plaintiff could only see a hand holding a gun at the stain glass window of her front door.
"Plaintiff ran to her kitchen and began to call 911, but the call did not go through to the operators, and plaintiff believes this was a dropped call.
"Either Campbell or Buttry beat an object against the stain glass window of plaintiff’s front door, and broke the glass while shouting, 'Here’s my badge, now open the door!'
"As a direct result of the conduct of Campbell and Buttry, the plaintiff’s house alarm went off.
"At no time during this incident did any defendant officer obtain a warrant to search or enter the residence. At no time during this incident did any defendant officer have probable cause to believe that a felony had been committed in any fashion to require a warrantless entry into the residence. At no time during this incident did the officers engage in a “hot pursuit’ of anyone into the residence.
"Plaintiff opened the door, and Campbell and Buttry pushed the door open and pointed their guns at plaintiff.
"Campbell and Buttry demanded to know the whereabouts of her son while pointing their guns at her. Once her son opened the door, one of the officers jerked the son by his shoulders and threw him against the pickup with unnecessary force.
"Campbell and Buttry continued to pound her son against the pickup in the plaintiff’s full view and while her son was handcuffed.
"Plaintiff asked one of the officers, she believes Campbell or Buttry, why they were arresting her son and acting in the manner that they acted. The response from the officers was that Blake was a plain clothes policeman who saw her son hit a mailbox. Blake is not a law enforcement officer nor was he acting as a law enforcement officer during this incident."
The suit says Benjamin Arbuckle was charged with DUI, leaving the scene of an accident, and implied consent law violation.
It says General Sessions Court Judge Richard Holcomb dismissed the cases on Aug. 24, 2006, upon motion of the district attorney.
The suit says, "Plaintiff had not physically assaulted nor resisted the officers in any manner, and the officers’ force was unnecessary to affect the search of her home for her son, was unreasonable, and was excessive, and constituted an unlawful and unreasonable seizure of the plaintiff.
"None of these defendants nor the city have compensated plaintiff for her damages to the stain glass window."
It says, "At no time did any of the individual defendants come to the aid of plaintiff in any manner, nor render any aid to the plaintiff in any manner, nor report the misconduct of Campbell and Buttry. Campbell and Buttry had no probable cause to seize plaintiff in any manner whatsoever."
The suit asks $15 million compensatory damages and $25 million punitive damages.
www.thnt.com/apps/pbcs.dll/article?AID=/20070224/NEWS01/702240402/1005