Lawsuit accuses former Arkansas police officers of using excessive force, fabricating report

In video, arrestee complies, it says

A lawsuit filed in federal court accuses two former Shannon Hills officers of using excessive force during an arrest, then fabricating a report related to the incident.

Plaintiff Kaleb Madison is suing the city of Shannon Hills after he was arrested in January 2015 on a misdemeanor warrant. Police charged Madison with resisting arrest and assault, but the charges were later dropped, according to the lawsuit.

The lawsuit, filed March 28, argues that police footage of the arrest refutes the narrative given in a police report by former Shannon Hills Assistant Chief Jeremy Brown and former Lt. Christy Dillavou.

The lawsuit also alleges that Shannon Hills Police Chief Allen Spears did not take action against his two subordinates after Madison complained about the way he was arrested.

Madison was arrested Jan. 12, 2015, in the parking lot of a gas station on the corner of Vimy Ridge and County Line roads. At the time, Madison had a warrant out for his arrest related to a misdemeanor theft of property charge.

Police had pulled over the vehicle in which Madison was a passenger after Brown recognized him, according to police documents.

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According to Dillavou's narrative in the report, Madison became agitated and continually pulled away from the vehicle in an "aggressive" manner toward Brown while the assistant chief attempted a pat down.

Brown wrote that during the arrest Madison pulled his arm away when the metal cuff touched his skin, according to the incident report.

"As Mr. Madison pulled away, he turned towards me in a fighting stance," Brown wrote in the report. "I then was able to take Mr. Madison to the ground to gain control of him. Once on the ground, Mr. Madison continued to yell and cuss as he attempted to [get up] and away from me."

Dillavou wrote that after Madison was taken to the ground, he refused to put his hands behind his back and grabbed at the officers in an attempt to hurt them.

The lawsuit argues that Madison did not resist the arrest and was instead attacked by Brown -- with the help of Dillavou -- for no reason. The litigation cited footage captured by a camera on one of the police vehicles.

"The video clearly and unquestionably refutes the officers' reports," according to the lawsuit. "Indeed, the officers unlawfully fabricated the reports in a malicious attempt to protect themselves and cause [Madison] harm."

According to the lawsuit, Madison was injured when he was thrown to the ground during the arrest. The lawsuit did not detail the physical injuries Madison suffered due to the incident.

Police charged Madison with resisting arrest, third-degree battery and disorderly conduct, according to the report. The resisting-arrest and assault charges were dropped, the lawsuit said.

Madison complained to Spears about the manner of the arrest, but the chief did not take action against the two officers, "effectively covering up for them and ratifying their behavior, despite video evidence that their police reports were false," according to the lawsuit.

Attorney Reggie Koch is representing Madison in the case.

It's not the first time Spears has faced legal trouble as head of a police department.

In 2010, when Spears served as chief of the Alexander Police Department, a U.S. federal judge ruled that Spears knew an officer was discriminating against Hispanics, but took no action to stop him.

Spears conducted a "sham" investigation into the unlawful targeting, according to the ruling, and turned a "blind eye" to the behavior, in part because the traffic citations from the officer generated revenue for the financially struggling city, the judge ruled.

Instead of being disciplined, the officer was promoted and put in charge of training for the department, which oversaw training on racial profiling, according to the ruling. Plaintiffs in that case were also represented by Koch, according to online court records.

Spears resigned as head of the department a month and a half after the ruling, according to media reports.

In the lawsuit brought by Madison, Spears said he could not comment about Madison's lawsuit because he has not received the document. Spears, who was reached by phone weeks after the lawsuit was filed, also said he did not know the specific allegations.

Efforts to reach Brown and Dillavou were unsuccessful.

Dillavou resigned from the Shannon Hills Police Department in June 2015, citing "other employment," documents show.

Less than five months after Madison's arrest in 2015, Brown left Shannon Hills police and joined the Saline County sheriff's office as a full-time deputy, according to documents provided to the Arkansas Democrat-Gazette through the Arkansas Freedom of Information Act.

Brown resigned as a deputy Jan. 2 after he was involved in an off-duty "altercation," the documents show.

In a response to the records request, the Saline County sheriff's office said the agency was preparing to start an investigation into his off-duty actions, but Brown resigned before it began. The office said the altercation was off-duty and Brown did not violate any laws.

A month later, on Feb. 2, Brown was hired as a part-time officer at the Mayflower Police Department, said Robert Alcon, chief of that department.

Alcon said he fired Brown in late March because the newly hired officer would not show up for work on time. Alcon said he was unaware of the lawsuit against Brown when he terminated his employment.

Brown, who has been employed by at least seven law enforcement agencies in Saline and Faulkner counties, was previously dismissed from the Alexander Police Department in 2004 for "unethical behavior," documents show. The department did not recommend his decertification.

The department hired him again in 2007, as a part-time officer. Brown was dismissed months later, in 2008, for insubordination, according to the documents.

Metro on 04/25/2017

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