Georgia Police Brutality Lawsuit Says Violence Caught on Camera

A Georgia man has filed a lawsuit alleging excessive force and civil rights violations after he claims he was injured in a confrontation with police.

In his lawsuit, plaintiff Antonio Smith names the city of Valdosta, Ga., and several individual defendants as well including: Valdosta Police Chief Leslie Manahan, police Sgt. Billy J. Wheeler; patrolmen Dominic Henry, Patrick Barrett and Hudson Durden; Mayor Scott James Matheson; Mayor Pro-tem Tim Carroll; and members of the Valdosta City Council.

On Feb. 8, 2020, officer Rachel Hinton responded to a nonemergency call at a Walgreens Pharmacy, the lawsuit states. Upon arrival, Hinton encountered an African American male, identified only as Mr. Johnson, on the north side of the building. 

Hinton requested a background and warrants check on Johnson, and was advised by dispatch that he had an outstanding warrant, the complaint says. The announcement about the warrant was made over the radio and could be heard by all officers. 

Hinton arrested Johnson and advised defendant Henry, who had arrived on the scene, to check the west side of the Walgreens for an unknown man who had been asking customers for money and to determine if the store wanted a criminal trespass warrant issued for Johnson, who she was taking into custody.

As he was walking around the building, Henry, who had not received a description of the man allegedly asking people for money, ran into a customer who told him the man had walked south out of the parking lot, the lawsuit says. Henry saw a man walking south on North Ashley Street, about a hundred yards away. 

Henry drove south on North Ashley Street and contacted an African American man later identified as Smith, the lawsuit says. Body camera video worn by Henry shows he stopped Smith concerning “suspicious activity” — the panhandling at Walgreens.

Smith explained he was not involved with that, but had been awaiting a wire transfer, the complaint says. Henry then asked Smith for identification, which he provided while continuing to question Henry about being stopped. 

As this was going on, defendant Wheeler “stealthily” walked up behind Smith, grabbed his right arm, pulled it behind Smith’s back and “placed him in a bear hug,” the complaint alleges.

The body camera video shows Smith was surprised and turned his head to see who had grabbed him, the lawsuit states. 

Neither officer had asked Smith to put his hands behind his back prior to grabbing him, contrary to what the police reports state, Smith maintains.

That command was given by Wheeler only after Smith had already been grabbed, as the video confirms, the lawsuit says. However, because of the bear hug, Smith was physically unable to place his arms behind his back.

After the command was repeated, Smith says, he repeatedly asked, “What are you doing?” according to the lawsuit.

As Smith was unable to comply with the command, Wheeler allegedly picked Smith up and “slammed him to the ground,” fracturing Smith’s wrist, the complaint says. The video shows Wheeler turning Smith so that as they fell, Wheeler would be protected from hitting the ground by using Smith’s body.

In the video, Smith can be heard saying, “You broke my wrist,” the lawsuit says Wheeler can be heard responding, “Yeah, he might be broke.”

Despite realizing the injury, Wheeler continued to apply handcuffs and straddle Smith, the complaint says. As he screamed in pain, Wheeler advised Smith he was being arrested because of a warrant.

In the video, Henry is heard correcting Wheeler and other officers now present that the man with the arrest warrant was the man Hinton had stopped at Walgreens, and advised that he “had just got in contact with” Smith, the lawsuit states.

Smith, being scared of what else would happen to him “at the hands of the several law enforcement surrounding him,” refused medical attention at the scene and walked away holding his broken left wrist, the lawsuit states. He went later that evening to South Georgia Medical Center where they confirmed his wrist was broken.

The police brutality lawsuit alleges Henry falsified his report by stating that as Wheeler approached Smith, he asked Smith to place his hands behind his back and that Smith refused to do so. 

Smith’s lawsuit maintains Wheeler lacked any justifiable reason for placing him in a bear hug and slamming him to the ground with enough force to fracture his wrist when it had not been determined whether Smith had committed any criminal offense or had any outstanding warrants, which he did not. 

As a result of the incident, neither the city nor the police chief took any disciplinary action toward Wheeler, and no contact was made with Smith, the lawsuit says.

“The inaction on Defendant City of Valdosta’s part constitutes a ratification of Defendant Wheeler’s constitutional violations and makes Defendant City of Valdosta liable for Wheeler’s constitutional violations,” the police brutality lawsuit states.

The lawsuit alleges illegal seizure, unlawful detention and excessive force, negligent and intentional infliction of emotional stress, conspiracy to violate Smith’s rights, and failure to intervene on the part of Henry. It also claims assault and battery/excessive force, false arrest/false imprisonment on the part of Wheeler, specifically. And it accuses the city of negligent hiring, training and supervision.

Smith maintains the defendants are not entitled to “qualified immunity” because there was no need for the application of force, the force used far exceeded the force needed (which was none), the injury inflicted was severe and permanent and the force was applied maliciously. 

One of Smith’s attorneys told BuzzFeed News that Smith didn’t have the financial resources to seek treatment. He added that Smith wasn’t focused on getting the officers fired, but rather wants to “help with this movement around the world to rectify police brutality… and for police reform and accountability.”

Smith is demanding a jury trial, compensatory damages, with interest, for each count for all damages sustained; punitive damages; reasonable costs and expenses, including attorney fees and expert fees; and any other relief deemed proper by the Court. 

Do you believe you have been the victim of excessive force by police? Tell us about it in the comments.

Smith is represented by Nathaniel Haugabrook II, Roy W. Copeland, Karla L. Walker and Rodney Lawton of Copeland, Haugabrook & Walker.

The Georgia Police Excessive Force Lawsuit is Antonio Arnelo Smith v. City of Valdosta, Georgia, et al., Case 7:20-cv-00121-HL, in the U.S. District Court for the Middle District of Georgia, Valdosta Division.

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