FORT SMITH -- A Tulsa, Okla., woman is seeking damages after officers with the Sebastian County Sheriff's Office and Greenwood Police Department reportedly used excessive force on her after a vehicle crash in 2020.
Tyler Unique McClain, 21, who is Black, filed a complaint demanding a jury trial in the Western District of Arkansas in the U.S. District Court on Tuesday, according to court records.
Mike Laux, a Little Rock-based attorney representing McClain, states the lawsuit is seeking $3 million in damages, although it's not bound to that amount.
The complaint accuses employees of the Sheriff's Office and Police Department, as well as Sebastian County and Greenwood, of violating McClain's rights under the U.S. Constitution and Arkansas state law in connection with "the unjustified, excessive, unnecessary, and thereby, entirely unreasonable use of force inflicted upon her."
Aside from the county and city, the civil lawsuit specifically names Sheriff Hobe Runion, Greenwood Police Chief William Dawson, and seven other employees of the Sheriff's Office and Police Department as defendants.
The lawsuit also leaves room to add additional defendants if necessary, according to California-based attorney John Burris.
The lawsuit
The lawsuit states McClain was driving near the intersection of Arkansas 10 and U.S. 71 outside Greenwood about 2 a.m. on May 14, 2020, when she lost control of her vehicle, crashed through a fence and stopped about 50 yards off the road. Emergency Medical Services personnel found McClain laying down confused and injured next to her badly damaged vehicle and escorted her to an ambulance.
EMS personnel told three of the seven Sheriff's Office deputies and Greenwood police officers who arrived on scene McClain had low blood sugar, which may have caused the crash, according to the lawsuit. McClain was "visibly confused and disoriented" afterward, refusing offers from law enforcement to drive her home and not understanding the extent of either her injuries or the damage to her car, the lawsuit says.
McClain was escorted back to her car by two deputies, Brent Smith and Jonathon Outhouse, to retrieve her belongings, the lawsuit states. However, McClain was still disoriented in the car and couldn't respond to Smith when he tried getting her attention. After McClain didn't respond to an order from Smith to get out of the car, he grabbed her and pulled her out, causing her to fall to the ground, according to the lawsuit.
The lawsuit states Smith and Outhouse began handcuffing McClain despite there being no probable cause for her arrest. McClain asked why she was being arrested, to which Smith reportedly responded it was due to her lack of compliance with his requests. She then began screaming for help, after which other law enforcement officers who were present came to assist Smith and Outhouse, the lawsuit says.
Smith and Outhouse reportedly used their knees to keep McClain pinned to the ground on her stomach after unsuccessfully attempting to get her to sit up, according to the lawsuit. One law enforcement officer who wasn't identified accused McClain of attempting to kick those present even though she hadn't done so, after which McClain's legs were shackled, the lawsuit says.
Outhouse and Smith dragged McClain by her arms with her head forced into a low position to a patrol vehicle, according to the lawsuit. McClain was unable to move her legs to get herself into the backseat, and rather than help her step into the vehicle, another deputy, Nick Tuttle, used a stun gun in the drive stun mode without warning into one of McClain's legs, the lawsuit says.
McClain was eventually able to crawl into the vehicle, after which Smith took her to a hospital, the lawsuit states. However, McClain said she wanted to go home and find her dog, which law enforcement left at the scene of the crash, according to the lawsuit. She was arrested on suspicion of two counts of second-degree battery, obstruction of governmental operations, resisting arrest and disorderly conduct, although the charges were later dropped.
The lawsuit also names Greenwood police officers Jason Fuller and Tanner Mathis and deputies only identified as "Trotter" and "Curry" as responding officers to the incident and, by extension, defendants.
The response
Philip Pevehouse, spokesman for the Sheriff's Office, said Thursday the department couldn't comment on any litigation.
A statement Pevehouse provided in February provides another account of what happened in 2020. It stated McClain refused to be taken to a hospital after the crash and was uncooperative with deputies who spoke with her and tried to find someone to come and get her. However, they knew they couldn't leave her there and felt she couldn't drive given the medical issue she was experiencing, according to the statement.
McClain also refused to get out of her car after she was allowed to retrieve personal belongings from it, according to the statement. Deputies removed her from the vehicle after McClain didn't respond to requests for her to get out of it, during which McClain reportedly kicked one of them. She was restrained afterward.
"She was taken to a patrol unit and refused to get in the vehicle," the statement said. "Deputies asked for her cooperation numerous times. A Taser in the 'drive stun' mode was used, and McClain complied. Deputies again called for [Emergency Medical Services] to check McClain out and she was uncooperative again. McClain was also taken to Baptist Health to be seen, but she again refused."
After the incident, a deputy found, caught and returned the dog with McClain at the time of the crash. Runion also reviewed the reports and the available video pertaining to the incident and initiated the following directives:
• A review of the Sheriff's Office's use of force and Taser policy. The revised policy is reportedly "reflective of best practices in accordance with state and federal law."
• A debriefing for the deputies involved. The lessons learned were meant to be shared with all other enforcement deputies.
• Mandatory classroom training on the use of force and Taser policy, which included the use of deescalation techniques.
• Disciplining for the deputies involved in accordance with department policy.
Michael Hamby, Greenwood city attorney, didn't return a message requesting comment Thursday.
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NoneCauses of action
The lawsuit outlines four causes of action against the listed defendants:
• Violation of the Fourth Amendment of the U.S. Constitution — excessive force.
• Monell — Municipal liability for unconstitutional custom or policy; failure to train; ratification.
• Negligence
• Arkansas Civil Rights Act
Source: The complaint