By Patsy R. Brumfield/NEMS Daily Journal
OXFORD – A minor’s mother has sued four New Albany policeman and chief of police, claiming they unlawfully arrested her son, brutalized him and wrongly jailed him.
The federal lawsuit filed Tuesday by Tamica Smith, mother of now 14-year-old Scottie Smith, claims the officers came into her yard April 29 without a warrant, drew a weapon on him, physically injured him and locked him up “without cause, right or justification.”
She insists the alleged actions violated her son’s constitutional rights against false arrest, false imprisonment, use of excessive force and intentional infliction of emotional distress.
She also says he was tasered at least twice and incurred medical bills for his physical and mental injuries.
Efforts by the Daily Journal to contact the mayor’s office and the city’s attorney for comment were unsuccessful.
Smith and her son are represented by Oxford attorneys David Hill and Tiffany Leigh Kilpatrick.
They say that at all times, the officers were acting “under the color of law” on behalf of the city and as individuals.
Defendants are officers Ben Kent, Jason McDaniel, Gabe Wilson, Stewart Dodds and Chief David Grisham.
The case was assigned Wednesday to Chief U.S. District Judge Michael P. Mills.
Asking for a jury trial, Mrs. Smith’s attorneys say she seeks damages in excess of minimum limits, expenses, attorneys fees, and if the court and jury agree, to punitive damages.