Filings seek dismissal of Little Rock police chief's lawsuit

Little Rock Police Chief Keith Humphrey answer questions during a press conference Wednesday June 3, 2020 in downtown Little Rock. (Arkansas Democrat-Gazette/Staton Breidenthal)
Little Rock Police Chief Keith Humphrey answer questions during a press conference Wednesday June 3, 2020 in downtown Little Rock. (Arkansas Democrat-Gazette/Staton Breidenthal)

There are numerous motions for dismissal pending in the federal lawsuit that Little Rock Police Chief Keith Humphrey filed Sept. 30 against 21 people, including two assistant chiefs, one of whom has since left the department.

The most recent motion was filed on behalf of Charles Starks, a white officer who in February 2019 shot and killed a Black man, Bradley Blackshire, which led to Starks' firing and then his reinstatement by a judge. Starks later resigned.

The shooting led to numerous legal battles, including lawsuits filed against the chief by his assistants, who said Humphrey retaliated against them for testifying to a city commission that an internal investigation into the shooting was rushed.

In documents filed this month on behalf of Starks, attorney Robert Newcomb takes issue with a defamation claim that Humphrey brought against Starks and others. The motion quotes Humphrey's allegation that the Little Rock Fraternal Order of Police, Starks and a blogger published "incendiary and and knowingly false statements" about Humphrey on their websites and blogs.

Newcomb argues that Humphrey's lawsuit fails to state sufficient facts to support a liability determination and to support a viable claim. He also argues that U.S. District Judge James Moody should dismiss Humphrey's complaints of civil conspiracy for failure to state a cause of action.

"There are no facts alleging the elements of a conspiracy, just mere conclusions," Newcomb wrote.

In a motion to dismiss filed on behalf of six current and former departmental employees, attorneys Chris Burks and Degen Clow say Humphrey's allegations "are not supported by facts and do not constitute actionable claims," so they must be dismissed under the Federal Rules of Civil Procedure.

Humphrey's lawsuit also names executive board members of the police union, local blogger Russ Racop and a city human resources official, as well as the Little Rock Fraternal Order of Police and the department's provider of body cameras.

Humphrey was named police chief by Little Rock Mayor Frank Scott Jr. in March 2019 after serving as chief in Norman, Okla., beating out Assistant Chief Hayward Finks and Alice Fulk, who is now chief of the State Capitol Police.

The Little Rock Black Police Officers Association has backed Humphrey, while the Fraternal Order of Police has been critical of him. More than 83% of the latter group voted in favor of a no-confidence resolution against Humphrey, the group announced June 2.

Upcoming Events