Family files federal lawsuit against New Albany police
A Union County woman has filed a federal lawsuit against four New Albany police officers and the city’s chief of police regarding the alleged unlawful arrest, physical injury and wrongful jailing of her now 14-year-old son.
Tamica Smith, represented by Oxford attorneys David Hill and Tiffany Leigh Kilpatrick, filed the lawsuit Tuesday with the U.S. District Court’s Northern District office in Oxford. In the lawsuit, New Albany Police officers Ben Kent, Jason McDaniel, Gabe Wilson, Stewart Dodds and Chief David Grisham are named as defendants.
According to the lawsuit, Smith claimed that three police officers arrived without a warrant at the family’s residence, 206B Cleveland St., on the afternoon of April 29, and drew a weapon on her then 13-year-old son, Scottie. She goes on to allege that the officers threw him up against her car, and proceeded to punch, kick and stomp on him while he lay on the ground.
Smith said that her son was also tasered in the back at least twice and handcuffed. The officers then transported him to the Union County Jail. He was later transported to the detention center in Tupelo despite, she said, the department being made aware that the arrest was without cause.
The lawsuit states that Smith’s son was never charged with any crime, nor has any Youth Court petition been filed against him.
Smith states that her son’s constitutional rights against false arrest, false imprisonment use of excessive force and intentional infliction of emotional distress were violated. She states that her son incurred medical bills for both physical and mental distress.
The lawsuit states that, at all times, the police officers were acting “under the color of the law,” presenting themselves not only as individuals, but also as representatives of the city during the incident.
New Albany Mayor Tim Kent said Thursday morning that he was only aware of the lawsuit through news sources.
“We haven’t been served anything by the court yet,” Kent said. “Usually, in cases like this, we are served as well, but I wasn’t aware of it before now.”
Smith’s attorneys said they are asking Judge Mills for a jury trial and that Smith is seeking damages in excess of minimum limits, expenses, attorneys fees, as well as punitive damages if the court and jury agree to them.
About Chris Elkins
- New Legion Auxiliary officers July 27, 2016
- Eastern Lights July 28, 2016
- Ellistown Breezes July 28, 2016
- Cora Sanders turns 98 July 28, 2016
- Baptist Union County selects Service First Champion July 28, 2016
- Baptist Union County’s HealthPlex transitions to new owner July 29, 2016
- Youth production to ‘dazzle’ audience this weekend with selections from Disney markings. July 28, 2016
- Martintown bridge complete, road open again July 28, 2016
- There is much we didn’t know about millionaire Paul Rainey July 28, 2016
- Young Valley to bring ‘alt-country’ sound to weekend concert series July 28, 2016
- Miranda Mora: my boss was needing CMS-40B earlier today and saw ...
- BRYNN11SCHMIDT: my family was looking for CMS-40B earlier today an...
- janifar soloman: Our experts know all the perfect way to solve your...
- GerryGorel820: I totally agree with the all questions you raised....
- PHYLLIS OPPERMAN: Savvy suggestions , I Appreciate the facts - Does ...
Subscribe to Blog via Email
- Baptist Union County’s HealthPlex transitions to new owner
- Youth production to ‘dazzle’ audience this weekend with selections from Disney markings.
- Martintown bridge complete, road open again
- There is much we didn’t know about millionaire Paul Rainey
- Young Valley to bring ‘alt-country’ sound to weekend concert series