North Carolina Injury Lawyer Blog

Mary Wilcox is suing the city of Asheville and its police department for North Carolina personal injury involving use of excessive use of police force. Wilcox was shot in the leg, liver, and spleen during a police pursuit on May 31, 2007 in the Haw Creek neighborhood.

Wilcox was a passenger in the car that Officer Justin Clinard was chasing. According to police, the driver of the car, Larry Julius Wilson, had tried to run over a cop at a housing development. He then allegedly tried to run down another police officer at an apartment complex. That officer started shooting at the vehicle.

Stop sticks were put out on New Haw Creek Road, which blew out at least one of Wilson's tires. However, he kept driving and allegedly tried to run over another two cops that fired at his car.

While Wilson has pleaded guilty to one count of felony flee to elude arrest, three counts of assault with a deadly weapon on a government official, and a habitual felon charge, Wilcox was never charged with any crime. In her Asheville, North Carolina injury lawsuit, Wilcox is accusing the police officers of negligence for firing their weapons. She is also alleging excessive use of police force and inadequate supervision. Officers Clinard, Brian Hogan, Cheryl Intveld, Stony Gonce, and Chief Bill Hogan are among the defendants named in her Asheville personal injury complaint. Four months after the shooting, Clinard left the police department.

Wilcox is seeking unspecified damages for her shooting injuries.

Police Pursuits
It is important that police officers follow proper procedures and drive carefully even when in the midst of a police pursuit. According to the National Highway Traffic Safety Administration, about 360 deaths a year occur because of police chases. Usually, 1/3rd of the victims are innocent bystanders. However, the reality may be much harsher than what these figures portray because not all bystander injuries related to a police chase are documented.

Persons injured during police pursuits, including suspects, may have grounds for a North Carolina injury lawsuit. It was just in 2008 that the city of Asheville paid two families $1.5 million for police chase-related injuries. A truck driver died and his passenger was injured when cops chased him the wrong way on an interstate exit ramp and his vehicle was struck head-on by a car.

Woman injured in Haw Creek police chase shooting files lawsuit, Citizen-Times, June 17, 2010

Deaths lead police to question high-speed chase police, USA Today, April 22, 2010

Related Web Resource:
City of Asheville, NC

Asheville Police Department

Cleveland County resident Debra Keeter has filed a federal lawsuit suing the city of Gastonia and former police detective Scott Barnes for her son’s North Carolina wrongful death. Terry Adam Boone died after Barnes shot him in the back of the head on May 1, 2008.

The police shooting happened while Boone was fighting with a group of men who had threatened his life. Police claimed that the 20-year-old was stabbing one of the men when Barnes arrived at the scene. The former police detective says that he shot Boone because he went after him with a knife.

According to Keeter’s North Carolina police brutality complaint, police later found out that Barnes had lied when he said that he saw Boone stabbing someone else. She is also accusing the police of withholding key information from investigators.

Barnes was let go from the Gastonia Police Department in August 2008. Officials say that his firing is not connected to Boone’s shooting.

In November 2009, the district attorney’s office determined that the former Gastonia police detective would not be criminally charged in Boone’s shooting because they found that he acted appropriately when he shot Boone, who allegedly posed a physical threat.

However, Keeter’s North Carolina wrongful death lawsuit contends that Boone was far enough away from Barnes that the former was not a danger to the detective or those around them. She accuses the Gastonia Police Department of failing to provide investigators with information regarding Barnes’s past transgressions as a cop.

Excessive Use of Police Force
Unnecessary use of police force is never justified, and it is usually suspects and innocent bystanders that end up suffering. Unfortunately, many victims and their families fail to realize is that they can file a North Carolina police brutality claim against the liable parties.

Federal lawsuit alleges Gastonia police officer killed man without cause in 2008, Gaston Gazette, May 3, 2010

Did Gastonia Police Officer Commit North Carolina Police Brutality When He Fatally Shot Man Holding Knife?, North Carolina Injury Blog, September 22, 2009

Related Web Resource:
Police Brutality and Misconduct, New York Times

A Burlington man claims that he was the victim of North Carolina police brutality in Alamance County. Bobby J. Stanley is suing Sheriff Terry Johnson and two deputies for personal injury. Stanley contends that he is a victim of assault and battery, false arrest, and illegal search and seizure.

According to his North Carolina personal injury complaint, the plaintiff claims that while two cops apprehended him on DWI charges last year, they broke his arm. He is seeking at least $10,000 in damages for permanent partial disability, partial loss of the use of his arm, medical bills, depression, and anxiety. Stanley says that he wasn’t drunk and he was swerving to avoid driving into potholes.

He gave Lt. D. L. Crowder permission to search him but he says he never gave the deputy permission to search the van. Crowder and Cpl. Jackie Fortner then allegedly grabbed him with “such force and violence” that his arm broke.

Stanley says that the officers disregarded his need for medical attention and continued searching the car. They charged Stanley with failing to stop at a stop sign and gave him an unsafe movement violation. The stop sign-related charge was later dismissed. Stanley filed his Alamance County police brutality complaint in February.

Meantime, the Sheriff’s Department is denying the accusations. A police document claims that Stanley refused to be treated by an EMS who examined him at the scene. The police officers that arrested him contend that Stanley told them he taking a lot of drugs because he has cancer. They claim that they grabbed Stanley because he became agitated. They acknowledge that he did not consent to the vehicle search.

North Carolina Police Brutality Lawsuit
Police officers are not use excessive force against suspects, prisoners, defendants, or anyone else when doing their jobs. Even if no criminal charges are filed against the cops, you may still be able to hold them liable in civil court for North Carolina injury caused by physical assault, sexual assault, verbal battery, emotional abuse, and other acts of violence.

Documents show different side in sheriff's department lawsuit, TheTImesNews.com, March 2, 2010

Related Web Resources:
Alamance County Sheriff’s Department

Testimony of Police Violence Across the Nation

Charles Payne is suing the city of Raleigh and its Police Department for North Carolina police brutality. The 34-year-old plaintiff, who has cerebral palsy, says an off-duty and a bouncer assaulted and kicked him outside the Pourch/The Bassment on August 8, 2008.

Payne claims that they thought he was inebriated and tried to arrest him for resisting arrest and second-degree trespassing. The police officer tried to handcuff Payne but failed to do so because the plaintiff has limited mobility.

Payne contends that two on-duty cops joined in the assault and that one of them referred to him as a “drunk autistic kid.” Blood alcohol tests would go on to confirm that Payne did not have alcohol in his system.

Payne was arrested, but the charges against him were eventually dismissed.

Payne is claiming serious emotional and physical consequences as a result of the alleged assault. He has also named the Raleigh bar as a North Carolina injury defendant.

North Carolina Police Brutality
Excessive use of force by a police officer acting under the guise of upholding the law is wrong, a crime, and can be grounds for a North Carolina police brutality lawsuit. Police violence violates the victim’s rights and can cause serious injury.

Unfortunately, there are cops in North Carolina who use their job to inflict harm upon others. Verbal abuse, physical abuse, sexual assault, physical assault, fatal shootings, intimidation, and blackmail are examples of police brutality. Often, the victims are too scared to report the incident. Even if the offending police officer isn’t charged with a crime in criminal court, you may be owed Raleigh injury compensation.

Three Raleigh police officers named in lawsuit, WRAL, February 24, 2010

Read Payne's North Carolina Injury Complaint (PDF)

Related Web Resources:
City of Raleigh: Police

Police Brutality, Human Rights Watch

A couple who says that Charlotte-Mecklenburg Police Officer Marcus Jackson sexually violated them have filed North Carolina police brutality lawsuits against the city of Charlotte. Jackson, who was arrested on December 30, has been accused of committing sexual acts against several people that he apprehended during traffic stops.

The couple filed their Charlotte police brutality lawsuits in Mecklenburg Superior Court. They say that the city of Charlotte and Jackson violated their constitutional rights.

According to their North Carolina injury complaints, the 26-year-old police officer pulled them over after midnight on December 28 (Radio transmission from that night document Jackson telling dispatchers that he didn’t need police backup). He made them drive to a church parking lot, where he allegedly fondled the woman while pretending to search her. When the couple protested, Jackson threatened to arrest the boyfriend. He then ordered the man to pull down the woman’s bra and fondle her.

The woman says that after what Jackson did she can’t live by herself anymore and she has moved out of Charlotte. She started seeing a therapist and continues to have nightmares. She is scared of getting into a car again for fear that another cop will sexually assault her. She says she is scared of what might happen when Jackson gets out of jail.

These are the first Charlotte police brutality complaints against the city over Jackson’s alleged actions. They likely won’t be the last. One alleged victim, a teenager, says that after pulling her over, Jackson made her get into his car and took her to a location where he sexually violated her. Other victims have made similar allegations.

Cops who sexually violate or physically assault someone under the guise of doing their job are committing a crime and abusing their power as police officers. Do NOT be afraid to report the incident and contact a Charlotte, North Carolina personal injury lawyer to explore your legal options.

Couple sues city, former officer, Charlotte Observer.com, January 23, 2010

North Carolina Police Brutality?: Charlotte-Mecklenburg Cop Accused of Multiple Sexual Assaults, NorthCarolinaInjuryLawyerBlog, January 9, 2010

Related Web Resources:
Communities United Against Police Brutality

Top 5 Police Brutality Videos, Huffington Post, July 30, 2008

There are now five women who claim they were sexually assaulted by Charlotte-Mecklenburg police officer Marcus Jackson. The 25-year-old police officer, who was fired from his last week, is currently in jail on charges of sexual battery, kidnapping, extortion, second-degree sex offense, indecent exposure, and felonious restraint.

One alleged victim, a 17-year-old girl, says that Jackson made her pull over and get into his car. He then allegedly drove off and committed sexual acts on her. Another woman, 21, claims that she was a victim of a similar sexual police brutality crime involving Jackson.

A third victims says that Jackson fondled her twice. The first time was during an unlawful search on November 2, 2009. She says that on December 29, he stopped her and fondled her again. The man she was with tried to call 911 for help but Jackson unlawfully arrested him for delaying and obstructing a cop. The charges against her companion, who was thrown in jail, have been dropped.

Two other women say that Jackson stopped them for speeding on the night of December 28, 2009. They claim he asked them to get out of the car and obtained their consent to search them. The women say the searches were improperly conducted. Now, the District Attorney’s Office wants to file additional sexual battery charges against Jackson for the improper searches.

Charlotte-Mecklenburg police chief Rodney Monroe says that oversights in the hiring process led to Jackson’s hiring. He says the CMPD was not aware that before Jackson joined the police a restraining order had been issued against him. The CMPD’s hiring process was revamped two months after Jackson was hired.

North Carolina Police Brutality
Sexual assault is a crime. When a cop sexually assaults someone while “doing his/her job,” not only is the act a crime but it also police brutality and a violation of the victim’s civil rights. Police are never allowed to use excessive force of any kind. Unfortunately, many victims are too scared to report police violence or they may not even be aware that what happened to them was wrong.

2 more women say police officer assaulted them, Charlotte Observer, January 8, 2010

CMPD Chief: Mistakes Made Hiring Accused Officer, WSOCTV.com, January 5, 2010

Related Web Resources:
Charlotte-Mecklenburg Police Department

Police Brutality, Human Rights Watch

Continue reading "North Carolina Police Brutality?: Charlotte-Mecklenburg Cop Accused of Multiple Sexual Assaults" »

The Gaston Gazette is reporting that Debbie Keeter is still waiting to see whether criminal charges will be filed against the Gastonia police detective who fatally shot her son in the head. Keeter says that less fatal measures could have been taken to apprehend her son, who was confused and in the middle of a stabbing brawl with men who allegedly threatened to kill him at the time.

Terry Adam Boone died on May 1, 2008 when Gastonia Police Detective Scott Barnes shot him in the head. Boone was holding a knife in his hand and police say that the 20-year-old appeared to lunge at Barnes, who then shot him in the back of the head to prevent the attack.

Barnes was called to the scene of a stabbing. Audrey Lingerfelt, Boone’s girlfriend, told The Gazette that men who were involved in a disagreement with Boone had arrived at her residence and were threatening to beat and murder him.

When Boone arrived at his vehicle, one of the men stabbed him. He stabbed the man back before going into Lingerfelt’s home.

When police arrived at the residence, Boone left Lingerfelt’s home through the back door. She says she later heard the gunshot. A neighbor says that Boone was defending himself when police showed up in unmarked vehicles.

Keeter claims that Boone was injured and his eyes and face were covered in blood. She doesn’t believe that he posed a threat to Barnes. At the time of Boone’s death, his blood-alcohol level was almost twice the legal driving limit at 0.14.

Excessive Use of Force as North Police Brutality
North Carolina police officers are never allowed to use excessive violence when dealing with anyone at any time and the victim or his/her family can file a North Carolina police brutality lawsuit if a cop violates their civil rights and/or causes serious injury or death without provocation or justification. Unjustified shootings, verbal abuse, injuring someone with a Taser when the suspect could have been apprehended in a less painful manner, false arrest, beatings, sexual assault, and intimidation are forms of police brutality and can be grounds for a North Carolina injury lawsuit.

Mother still seeking answers in May 2008 fatal police shooting, Gaston Gazette, September 21, 2009

Gastonia police: Officer shot suspect in back of head, WCNC, May 6, 2009

Related Web Resources:
Gastonia Police Department

North Carolina October 22 Coalition to Stop Police Brutality

Continue reading "Did Gastonia Police Officer Commit North Carolina Police Brutality When He Fatally Shot Man Holding Knife?" »