SUHIBE DARTAWIL V. DAVID DEWITT
Feb 10, 2017OUTCOME: Dismissed after settlement was reached.
Unlawful detainee. Tenant refused to pay rent.
Birmingham, AL
Appeals Lawyer at Birmingham, AL
Practice Areas: Appeals, Criminal Defense
OUTCOME: Dismissed after settlement was reached.
Unlawful detainee. Tenant refused to pay rent.
OUTCOME: Case Dismissed After Settlement was Reached.
Legal Malpractice
OUTCOME: Defendants' special report be treated as a motion for summary judgment and, as such, it be DENIED.
Plaintiff is an inmate confined in the Tuscaloosa County Jail. His claims in this matter arise from an incident which occurred at the jail during the early morning hours of July 13, 2011. He was in a c ... ell with two other inmates at that time when one of the other inmates placed a blanket over the light. (Doc. 1 at 5). Although the blanket was taken down in compliance with Officer Channell's first request to remove it, it was replaced by the time he returned, and the inmates would not remove it when asked a second time. (Doc. 24–5 at 3). When Officers Channell and Little entered the cell to remove the blanket, one of the inmates (Courtney Walker) attacked Officer Channell, striking him several times in the face, and a fight ensued. (Id. at 4 & 5). Officers Gandy, Sample, and Williamson responded to Officer Channell's call for backup, and it is at this point the parties' allegations begin to conflict. Plaintiff states, when backup officers arrived inmate Walker ceased resistance and offered to be handcuffed. (Doc. 1 at 5). However, instead of handcuffing inmate Walker, Officer Gandy grabbed him by the neck and slammed his head against the wall, while Officer Sample punched him several times. (Id. at 5). During this time, Plaintiff states he was “stuck in a corner and pleaded for them to stop.” (Id. at 5).1 Officer Gandy then struck Plaintiff in the face with handcuffs, and the other officers began assaulting him as well. (Id. at 5). Even after he complied with the officers' command to place his hands behind his back to be handcuffed, they continued the assault, including Officer Gandy who screamed several times “he was going to kill [Plaintiff],” while hitting him with a hard object and trying to drag him back into the cell. (Id. at 5–6). Officer Williamson then grabbed him and “choked him down the hallway” before tripping him onto his face and running his head into a wall. (Id. at 6). At some point, Plaintiff was dragged into another cell where Officer Gandy beat his head against a concrete bench. (Id. at 6).2 *3 It is undisputed Plaintiff sustained injuries serious enough to require staples and stitches to his head. (Id. at 6). He submits medical records from DCH Medical Center pertaining to an emergency room visit on July 13, 2011.3 (Doc. 35). These records indicate he was treated for a 3cm wound to the top of his head which was closed with three staples, a 2cm wound to the “left parietal occipital” which was closed with three staples, and a 2cm wound to his left forehead which was closed with sutures. (Id. at 10–11). Plaintiff was also provided a right wrist splint because of a sprain and abrasion, and it is indicated he suffered from a right side chest wall abrasion and contusion, a right pelvic contusion, and a neck and back contusion. (Id. at 11–12).
OUTCOME: Defendant City of Dothan's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. # 43) is DENIED
On April 20, 2012, Williams was driving his vehicle in Ozark, Alabama.1 On that date, law-enforcement officials had received a “tip”2 from a citizen and were watching Williams from unmarked vehicles. ... When Williams discovered that he was being watched, he “exited his vehicle and began to run, not knowing who was pursuing him at the time.” (Doc. # 33 ¶ 4). “Suddenly, Ray Mock ... tackled Williams to the ground, injuring Williams' knee.” (Id.). While “Williams was on the ground, lying on his stomach, with no weapons in his possession,” Chad Hammack, David Saxon, and Jason Adkins of the Dothan City Police Department and Mason Bynum of the Dale County Sheriff's Office “began assaulting Williams with deadly force.” (Id.). “Specifically, these defendants ... began to punch, kick, and stomp Williams on and about the head, face, and body, while tasing him repeatedly.” (Id.). Williams was on his stomach throughout the attack, and “[h]e did not resist or assert any offensive measures once he determined that it was police officers who were pursuing him.” (Id.). “The assault continued for several moments.” (Id.). *2 During the attack, Culbreath, an officer for the Ozark City Police Department, “sat in his police vehicle parked nearby and watched the entire incident without intervening or offering any assistance to Williams.” (Id.). “After the assault ended, ... Culbreath transported Williams to the Dale County Jail and processed him in.” (Id. ¶ 5). “The individual defendants [were] members in a joint Wiregrass Violent Crime/Drug Task Force, a law enforcement unit which works for and under the control of the City of Dothan, and their penchant for excessive force is well-documented and well-known by the citizens of Dothan.” (Id. ¶ 4). “In fact, several of these individual officers are the focus of either past or on-going and current investigations relating to brutality and excessive force claims filed by citizens.” (Id.). Despite these complaints, the City of Dothan continued to employ the drug task force officers.
OUTCOME: Defendant City of Dothan's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. # 43) is DENIED
On April 20, 2012, Williams was driving his vehicle in Ozark, Alabama.1 On that date, law-enforcement officials had received a “tip”2 from a citizen and were watching Williams from unmarked vehicles. ... When Williams discovered that he was being watched, he “exited his vehicle and began to run, not knowing who was pursuing him at the time.” (Doc. # 33 ¶ 4). “Suddenly, Ray Mock ... tackled Williams to the ground, injuring Williams' knee.” (Id.). While “Williams was on the ground, lying on his stomach, with no weapons in his possession,” Chad Hammack, David Saxon, and Jason Adkins of the Dothan City Police Department and Mason Bynum of the Dale County Sheriff's Office “began assaulting Williams with deadly force.” (Id.). “Specifically, these defendants ... began to punch, kick, and stomp Williams on and about the head, face, and body, while tasing him repeatedly.” (Id.). Williams was on his stomach throughout the attack, and “[h]e did not resist or assert any offensive measures once he determined that it was police officers who were pursuing him.” (Id.). “The assault continued for several moments.” (Id.). *2 During the attack, Culbreath, an officer for the Ozark City Police Department, “sat in his police vehicle parked nearby and watched the entire incident without intervening or offering any assistance to Williams.” (Id.). “After the assault ended, ... Culbreath transported Williams to the Dale County Jail and processed him in.” (Id. ¶ 5). “The individual defendants [were] members in a joint Wiregrass Violent Crime/Drug Task Force, a law enforcement unit which works for and under the control of the City of Dothan, and their penchant for excessive force is well-documented and well-known by the citizens of Dothan.” (Id. ¶ 4). “In fact, several of these individual officers are the focus of either past or on-going and current investigations relating to brutality and excessive force claims filed by citizens.” (Id.). Despite these complaints, the City of Dothan continued to employ the drug task force officers.
OUTCOME: Pending
The Plaintiff's nine-count complaint alleges state and federal law claims against Defendants Shirley Smith, Kim Thomas, and Vincent Cheatham in their individual and official capacities. Only four of th ... ese counts name Defendants Smith and Thomas. They are: (1) Negligence (Count II); (2) Intentional Infliction of Emotional Distress (Count IV); (3) Negligent Training and Supervision (Count V); and Deliberate Indifference and Failure to Protect (Count VIII). The remaining five counts name only defendant Cheatham.