Yearout & Traylor File Lawsuit for Birmingham Police Beating
Attorneys William P. Traylor and Gusty Yearout of Yearout & Traylor, PC, have filed a lawsuit against the City of Birmingham and Birmingham Police. The lawsuit was filed on behalf of plaintiff Travarious Daniel for civil rights violations that occurred during his arrest on March 20, 2011. Daniel was subjected to assault and unnecessary force as he was taken into custody. The lawsuit seeks damages to compensate for bodily injury, emotional distress, and psychological injuries caused by the unlawful treatment.
The lawsuit lists the defendants as the City of Birmingham, Birmingham Chief of Police A.C. Roper, Officer M. Phillips, and Officer J.S. Manning. The two officers are being sued both individually and in their official capacity for physically assaulting Daniel during his arrest. Chief of Police A.C. Roper and the City of Birmingham are included in the lawsuit for failing to properly train and supervise the officers who committed the attack.
The attack occurred the night of March 20, 2011, when Daniel was pulled over by unmarked police vehicles with emergency lights. Daniel exited his vehicle and put his hands in the air to show that he was unarmed. Police then tackled Daniel and proceeded to strike him repeatedly over the head and across the back as he was lying prone on the sidewalk. The attack was caught on video by a security camera that shows Daniel being punched and kicked by two officers while lying still. He was rendered unconscious by the attack.
Yearout & Traylor are representing Daniel in his lawsuit, which includes counts against the defendants for excessive force, assault and battery, and failure to intervene. In addition to seeking compensatory and punitive damages, the lawsuit requests new and revised policies and procedures to prevent future police attacks. A trial date for the case is pending.
If you or someone you love has been harmed because of unlawful treatment by police or another negligent individual, don’t hesitate to seek legal help with your case. Contact the Birmingham personal injury lawyers of Yearout & Traylor, P.C., today by calling 205-414-8160.