Академический Документы
Профессиональный Документы
Культура Документы
ELECTRONICALLY FILED
7/2/2019 11:52 AM
27-CV-2019-900204.00
CIRCUIT COURT OF
DALLAS COUNTY, ALABAMA
LYNNETHIA ROBINSON, CLERK
IN THE CIRCUIT COURT OF DALLAS COUNTY, ALABAMA
Defendants.
__________________________________________/
COMPLAINT
COMES NOW Plaintiff, by and through the undersigned counsel, and sets forth the
STATEMENT OF JURISDICTION
This Court has jurisdiction over the Plaintiff’s claims under Alabama state law and under
the Alabama Constitution. The Plaintiff does not assert any claims under federal law. Venue is
proper in that the claim is brought in the judicial district in which the events alleged herein occurred
1. Plaintiff Faya Rose Toure, is a resident of Selma, Dallas County, Alabama and is over the
2. Defendant Spencer Collier was the Police Chief of the City of Selma at all times during the
wrongs alleged herein and is sued in his individual and official capacities.
organized under the laws of the State of Alabama. Defendant City of Selma is liable under
the doctrine of respondent superior for the negligent, careless and unskilled acts and
4. Defendant Devon McGuire is a resident of Selma, Dallas County, Alabama and is over the
age of nineteen (19). At all times relevant to this lawsuit this defendant was an agent and
5. Fictitious Defendants police officials T, U, V, X, Y, Z, are over the age of nineteen (19)
and residents of Selma, Dallas County, Alabama and/or were employed by the City of
Selma at the time of the causes of action alleged herein. At all times relevant to this
complaint, these defendants were agents and employees of the City of Selma.
6. On or about July 11, 2018, Plaintiff was illegally arrested by Officer Devon McGuire and
other officers whose names are unknown but were present and/or assisted in the arrest of
Plaintiff.
7. Prior to her arrest, Plaintiff wrote a letter to Mayor Darrio Melton and city officials
complaining that the political signs of Nicholas Switzer, a political candidate who is white,
DOCUMENT 2
were not being removed from public property and public rights of way as required by
municipal ordinance.
8. The signs of African American candidates were being removed from public property and
rights of way by employees of the City of Selma. Plaintiff went to City Hall and informed
Lola Sewell, a city employee that it was improper to remove the signs of Black candidates
and yet allow most of Switzer signs to remain on public property. Sewell advised plaintiff
that she would remove Switzer signs in 24 hours if city enforcement failed to remove all
or no signs.
9. There is a municipal ordinance that prohibits the placing of political signs and other signs
10. On July 11, 2018, Plaintiff observed a Switzer sign on public property adjacent to the
historic Tabernacle Baptist Church where the first voting rights meeting in a Selma church
took place. She removed the sign. After removing the sign Plaintiff went to her office on
11. About fifteen minutes later, while enroute to join young people participating in a get out
and vote campaign, someone in a black car traveling in the opposite direction yelled
something about a sign. The man did not have on a uniform. The car stopped and turned
around and followed plaintiff. When Plaintiff recognized that a police officer was pursuing
her, she pulled over as soon as she observed citizens who could witness the harassment and
serve a check on police misconduct. Several citizens began to video the incident.
Defendant McGuire and other officers attempted to stop these citizens from making videos
12. Plaintiff parked her car across from the Public Library on Selma Avenue, which was three
and a half blocks from the point she heard the siren. Incredibly, Defendants falsely reported
to the public that Plaintiff reached a speed of fifty miles an hour before stopping within
13. Within minutes, eight or nine officers were on the scene. Officer McGuire insisted on
handcuffing Plaintiff behind her back, even after she complained of a broken wrist that was
14. Officer McGuire and other officers refused to allow Plaintiff to call the parents of her 10-
year-old granddaughter to come get their child. Although her cell phone was in her hand,
officer McGuire snatched the phone from Plaintiff and would not allow her to call anyone.
The child was left on the street without supervision. Pedestrians on the street were told not
to video the incident and to get back although they were not close to the arrest scene.
15. Senator Hank Sanders, Plaintiff’s spouse, arrived on the scene before the Plaintiff’s vehicle
was towed by a private company. The van was towed despite being legally parked. Senator
Sanders tried to take the van, but police officers prevented him.
16. The van and its contents were not taken as evidence or as a part of an investigation, even
though the van contained the sign which the officers claimed were illegally removed.
17. Senator Hank Sanders had to pay $150 that evening to regain possession of the van.
18. After Plaintiff was arrested, Officer McGuire told her she had to post a $2000 cash bond
19. Plaintiff refused to pay a $2,000 cash bond to secure her release because she deemed it as
further harassment. Plaintiff remained in jail. Plaintiff was released from jail after she was
20. The Defendants knew the removal of a sign illegally placed on public property was not a
crime. The reporting officer falsified a police report when he claimed Plaintiff removed a
21. The closest private property to the Switzer sign was Tabernacle Baptist Church. The sign
was placed on the public right of way between the church property and Broad Street with
22. It is Plaintiff’s information and belief that no one has ever been arrested for removing a
political sign from public property in Selma, Alabama or virtually anywhere in the State of
Alabama.
23. Plaintiff and others have removed political and non-political signs from public property
after elections and other events for years without any arrest or complaints.
24. Subsequent to Plaintiff’s arrest, one or more of the Defendants filed false and vindictive
charges against the Plaintiff with the Alabama State Bar Disciplinary Commission. Those
25. Moreover, Plaintiff’s case has never been set for a hearing or trial and Defendants will not
provide her a copy of the video or any evidence that support their allegations of criminal
conduct.
26. Defendant Police Chief Collier and Officer McGuire knew that the City of Selma has an
ordinance that makes it unlawful to place campaign signs on public property and rights of
way.
27. Defendant’s provided false information to the media concerning plaintiff’s arrest knowing
28. Plaintiff timely filed a notice of claim with the Clerk of the City of Selma.
29. Plaintiff timely sent a request to Defendant Collier and McGuire demanding they retract
31. The Defendant officers caused the person of Plaintiff to be touched in rudeness, anger,
32. The Defendant officers acted willfully, maliciously, beyond their authority, and/or in bad
faith.
33. The Defendant officers were careless, negligent and unskillful in assaulting Plaintiff.
34. The Defendant officers placed the Plaintiff in immediate fear of bodily injury.
37. Defendant officers arrested Plaintiff without probable cause or reasonable suspicion.
38. The Defendants acted intentionally and willfully in arresting Plaintiff without probable
39. The Defendants were careless, negligent and unskillful in arresting the Plaintiff.
41. The Defendants unlawfully detained the person of Plaintiff in a manner that substantially
43. The Defendants intruded upon the solitude of the Plaintiff by invading her emotional
45. The Defendant officers responsible for the actions alleged herein were agents of the City
of Selma at all times relevant to this complaint. The City is thus responsible for the
negligent, careless, and unskillful acts and omission of its agent officers.
46. The Defendant officers’ acts and omissions regarding Plaintiff constituted negligence,
48. The intentional acts and omissions of the defendant officers constituted wantonness.
49. The Defendant officers acted willfully, maliciously, beyond their authority, and/or in bad
faith.
51. The Defendant municipality negligently, carelessly and unskillfully hired the Defendant
officers who were unqualified and/or had problematic backgrounds, profiles and
histories.
SUPERVISION
DOCUMENT 2
53. The municipality was negligent, careless, or unskillful in its failure to provide adequate
consequences that could result from the lack of adequate instruction and supervision.
55. Unlawful police violence is and has been rampant in the Selma Police Department.
56. The Defendant municipality knew about the widespread practice of police abuse but
57. The municipality was negligent, careless, or unskillful in its failure to address and
prevent the pattern, practice and custom of abuse of power in the Selma Police
Department.
59. The Defendant officers maliciously and wrongfully used the legal process to harm
62. The force the Defendants used against the Plaintiff was unreasonable even had
63. The Defendant officers’ unreasonable use of force violated the Plaintiff’s right to be free
64. The Defendant officers acted willfully, maliciously, beyond their authority, and/or in bad
faith.
65. Defendant’s McGuire and Collier maliciously provided false information to the media
66. The Defendant officers acted with negligence, carelessness and unskillfulness.
68. Defendants deliberately and willfully provided the public information orally and in
69. Specifically, Defendants and or their agents reported that the Plaintiff shoplifted a sign
from private property. This report was provided to the public willfully and intended to
70. One or more of the Defendants and or their agents and officers also secretly sent false
information of Plaintiff’s alleged criminal conduct to the Alabama State Bar Association
where it was viewed. The intent was to facilitate the disbarment or suspension of
DAMAGES
71. As a proximate result of the defendants’ acts and/or omissions, Plaintiff was caused to
a. Mental Anguish
e. Loss of Freedom
f. Unlawful Detainer
g. Diminishment of Reputation
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment granting
1. Declaratory Relief: Declarations that Defendant municipality’s and all other Defendants’
actions set forth herein violated Plaintiff’s rights under the Alabama Constitution and the
Municipality and all other Defendants from further violations of Plaintiff’s rights under
3. Compensatory and Punitive Damages: Judgment against all Defendants in the amount of
4. Any other and further relief as the Court deems just and proper and any other relief
allowed under state law including but not limited to any costs and fees.
Respectfully Submitted,
OF COUNSEL: