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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
BENJAMIN L. QUARLES CIVIL ACTION NO. 5:22-CV-1326
VERSUS JUDGE HICKS
CHRIS MCCLARAN, CHRIS MAGISTRATE JUDGE HORNSBY
HAMMONTREE, STEVE CROPPER,
AND THE CITY OF MINDEN, LOUISIANA
FIRST AMENDED COMPLAINT
THE FIRST AMENDED COMPLAINT OF Benjamin L. Quarles, a major citizen of
the State of Louisiana who resides in Webster Parish, Louisiana, who respectfully avers
as follows:
JURISDICTION AND VENUE
1.
This action arises under the Civil Rights Act of 1871 (42 USC §§ 1983, 1988) as
later more fully appears, and the Fourth, Fifth, Eighth, and Fourteenth Amendments to
the United States Constitution.
2.
This Court has jurisdiction under 28 USC § 1331 and § 1343. The state law claims
for relief are within the supplemental jurisdiction of this Court, pursuant to 28 USC § 1367.
3.
All events referred to in this Complaint occurred within the Western District of
Louisiana. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1) and (2).
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PARTIES
4.
Plaintiff Benjamin Quarles is a competent adult, who is non-violent and posed no
threat to anyone but fell prey to wrongful arrest, excessive force, police brutality, wrongful
search, and conversion at the hands of defendants Chris McClaran and Chris
Hammontree of the Minden Police Department on February 1, 2022.
5.
Defendant Chris McClaran is a citizen of the State of Louisiana, and, upon
information and belief, a resident of Webster Parish, Louisiana. Defendant McClaran is
a police officer employed by the Minden, Louisiana Police Department.
6.
Defendant Chris Hammontree is a citizen of the State of Louisiana, and, upon
information and belief, a resident of Webster Parish, Louisiana. Defendant Hammontree
is a police officer employed by the Minden, Louisiana Police Department.
7.
Defendant Steve Cropper is a citizen of the State of Louisiana, and upon
information and belief, a resident of Webster Parish, Louisiana. Defendant Cropper is the
Chief of Police for the City of Minden, as well as the policy maker for the Minden Police
Department.
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8.
Defendant City of Minden, Louisiana is a political subdivision of the State of
Louisiana, and at all times relevant herein, the public employer of defendants McClaran,
Hammontree, and Cropper of the Minden Police Department.
9.
At all times pertinent hereto, defendants, in doing all of the things alleged, acted
under color of their authority as police officers, and as such, under color of the statutes,
regulations, customs, and usages of the State of Louisiana and the town of Minden,
Louisiana.
10.
Defendants McClaran and Hammontree are being sued herein in their individual
capacities.
11.
Defendant Cropper is also being sued in his official capacity as police chief and
policy maker for the Minden Police Department.
FACTS
12.
On the morning of February 1, 2022, Mr. Quarles was running errands in downtown
Minden, Louisiana, after dropping his wife off at a medical facility for treatment.
13.
Mr. Quarles, a 57 year-old Black family man who is a school bus driver for the
Webster Parish School Board. Mr. Quarles has no criminal record. At approximately
11:30 on a Tuesday morning, he was driving his own car southeast on Pine Street in
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downtown Minden. As Mr. Quarles approached Pine Street’s intersection with Main
Street, he stopped at a red light. While appropriately and legally stopped at the red light
at the intersection of Pine Street and Main Street, Mr. Quarles’ car was struck from behind
by an 18-wheeler dump truck. The impact from the collision pushed Mr. Quarles’ car into
the intersection.
14.
Relating to the automobile accident, Mr. Quarles violated no traffic laws.
Specifically, the investigating officer – defendant McClaran – found that Mr. Quarles
committed “No violation.”
15.
Immediately following the accident, Mr. Quarles stayed in his vehicle. As a result
of the accident Mr. Quarles suffered physical and emotional injuries.
16.
Shortly after the accident, defendants McClaran and Hammontree arrived at the
scene, acting in their capacities as Minden Police Officers.
17.
The following-described events were captured on video via bodycams being worn
by defendants McClaran and Hammontree during the incident described in this complaint.
Said bodycam videos are hereby manually attached to this amended complaint as Exhibit
A (bodycam of defendant McClaran) and Exhibit B (bodycam of defendant Hammontree).
Furthermore, the bodycam of Officer Jason Lee, another Minden police officer, contains
video relevant to this claim and is attached as Exhibit C.
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18.
At some point after they arrived (and after defendant McClaran has spoken with
the driver of the 18-wheeler, defendants McClaran and Hammontree approached Mr.
Quarles’ car. Mr. Quarles, who was still shaken up from the accident, was sitting in his
car with the driver’s side door cracked. Mr. Quarles was wearing a mask and gloves due
to his fear of contracting Covid-19. Mr. Quarles’ wife is a dialysis patient with numerous
underlying medical conditions and he was particularly concerned about getting Covid-19
and then giving it to his vulnerable wife. In addition, Mr. Quarles has underlying medical
conditions which he believed could be exacerbated by contracting the Covid-19 virus. On
the date this incident took place, February 1, 2022, both Louisiana and the United States
were in the “Omicron surge” phase of the Covid-19 pandemic and the Covid-19 virus was
particularly prevalent in Louisiana at that time. Based on the fact that Mr. Quarles, an
older Black gentleman, was wearing both a mask and gloves while alone in his
automobile, defendants McClaran and Hammontree knew or should have known that Mr.
Quarles was, at the very least, apprehensive about being exposed to the Covid-19 virus.
19.
As defendants McClaran and Hammontree approached Mr. Quarles’ car, Mr.
Quarles opened his driver’s side fully in order to talk to defendant McClaran. As
defendant McClaran stepped close to the open door, Mr. Quarles politely stated to
defendant McClaran, “You’ve got to stay your distance. You’re too close!” Defendant
McClaran did not move back, but said to Mr. Quarles, “Sir, calm down. Relax.” Mr.
Quarles became visibly afraid, putting his hands up and inching his upper body and head
away from defendant McClaran while saying, “You’re too close! You’re too close! You’re
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too close!” Instead of simply stepping back from Mr. Quarles and deescalating the
situation, defendant McClaran again instead chose to escalate the situation by asking,
“Look, are you trying to take this to somewhere?” Mr. Quarles replied, “No, no, no, no.
You’re too close! You ain’t got no mask on! You’re too close! It’s Covid out here! You’re
too close to me!” Defendant McClaran, when given yet another opportunity to deescalate
the situation by simply taking a step back, again escalated the situation by remaining
close to Mr. Quarles and telling Mr. Quarles to “chill out.” Mr. Quarles replied, “Please.
No, you chill out,” and slowly and tentatively reached his hand towards the handle on the
inside of the driver’s side door. Defendant McClaran again escalated the situation rather
than deescalating it, saying to Mr. Quarles in a threatening tone, “Don’t you do it,” and
Mr. Quarles immediately took his hand away from the door, leaving it completely open.
Mr. Quarles then said, “You better get out of my face.” At that point, defendant McClaran
screamed at Mr. Quarles, “STEP OUT OF THE CAR! YOU’RE UNDER ARREST!” Mr.
Quarles, appearing bewildered, asked, “For what?” At that point, defendant McClaran
again told Mr. Quarles to “step out of the car.” Mr. Quarles again asked, “Why am I under
arrest?” In response to that question, defendant McClaran then again yelled at Mr.
Quarles, “STEP OUT OF THE CAR! DO IT NOW!” In response to this repeated yelling
at him by defendant McClaran, Mr. Quarles moved his left leg from inside the passenger
compartment of the car and placed it on the ground outside the car. He then looked at
defendant McClaran and politely said, “Help me out of the car.” In response, defendant
McClaran again screamed at Mr. Quarles, “STEP OUT OF THE CAR!” Simultaneously,
defendant Hammontree said, “Step out of the car or you’re going to get sprayed.” Mr.
Quarles, with his foot still on the ground outside the car, slowly shook his head in
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resignation and slowly reached to grab his phone off of the center console before getting
out of the car. At that moment, Mr. Quarles was pepper-sprayed by defendant
Hammontree, and yanked from his car by defendants McClaran and Hammontree.
20.
At no time during their encounter with Mr. Quarles did defendants McClaran or
Hammontree make any effort to determine if Mr. Quarles had been injured in the
automobile accident. At all times, defendants McClaran and Hammontree escalated the
situation and at no time did they attempt to deescalate the situation.
21.
After defendants McClaran and Hammontree yanked Mr. Quarles from his car,
they forcibly threw Mr. Quarles to the ground and handcuffed him, further injuring him.
Defendants McClaran and Hammontree, then, without Mr. Quarles’ consent, removed Mr.
Quarles’ wallet from his pocket, as Mr. Quarles writhed on the ground in agony. At no
time prior to seizing Mr. Quarles’ wallet did either defendant (or anyone else) ask Mr.
Quarles for his drivers’ license, insurance information, or registration. Although Mr.
Quarles’ drivers’ license was in wallet, Mr. Quarles had placed his insurance information
and registration on the passenger seat of his car prior to the time the officers arrived at
the scene.
22.
At the time Mr. Quarles was seized by the defendants, he had committed no crime
and neither defendant McClaran nor defendant Hammontree possessed probable cause
that Mr. Quarles had committed any crime.
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23.
At no time, either before, during, or after his arrest, did Mr. Quarles present any
threat of harm (immediate or otherwise) to defendants McClaran or Hammontree or to
any other person.
24.
After Mr. Quarles was forcibly thrown to the ground, defendants McClaran and
Hammontree left him lying on the ground, handcuffed and injured, with his chemical-
soaked mask on his face.
25.
Mr. Quarles was left lying, handcuffed and injured, on the ground until the
ambulance arrived. Mr. Quarles was transported to a local hospital emergency room for
treatment. The entire time that Mr. Quarles was in the hospital, he was “guarded” by two
Minden police officers.
26.
At the hospital, Mr. Quarles was treated for his injuries from both the car accident
and defendants McClaran’s and Hammontree’s unnecessary, improper, and excessive
use of force against him. When Mr. Quarles was released from the hospital, he was again
handcuffed by Minden police officers, who transported him to the Minden Police
Department headquarters, where he was booked and jailed in a small cage. Mr. Quarles
remained jailed until his brother was able to bail him out, some time later.
27.
After his release from jail, Mr. Quarles’ car was returned to him. Upon its return to
him, Mr. Quarles’ car had been completely ransacked, presumably because it had been
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“searched.” In addition, a $30-$40 Circle K gift card, that had been in Mr. Quarles’ car
prior to his arrest, had been taken.
28.
Mr. Quarles was charged with a violation of Louisiana Revised Statutes 14:108,
entitled “Resisting an Officer.” This charge is known by the common parlance as
“resisting arrest.”
29.
At his initial court appearance, on March 2, 2022, the prosecutor orally moved to
dismiss the charges against Mr. Quarles prior to any plea. The judge orally granted the
prosecutor’s motion, dismissing the charges against Mr. Quarles.
30.
Louisiana Revised Statutes 14:108, entitled “Resisting an Officer,” reads as
follows:
A. Resisting an officer is the intentional interference with, opposition or
resistance to, or obstruction of an individual acting in his official
capacity and authorized by law to make a lawful arrest, lawful
detention, or seizure of property or to serve any lawful process or
court order when the offender knows or has reason to know that the
person arresting, detaining, seizing property, or serving process is
acting in his official capacity.
B. (1) The phrase "obstruction of" as used herein shall, in addition
to its common meaning, signification, and connotation mean the
following:
(a) Flight by one sought to be arrested before the arresting
officer can restrain him and after notice is given that he
is under arrest.
(b) Any violence toward or any resistance or opposition to
the arresting officer after the arrested party is actually
placed under arrest and before he is incarcerated in
jail.
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(c) Refusal by the arrested or detained party to give his
name and make his identity known to the arresting or
detaining officer or providing false information
regarding the identity of such party to the officer.
(d) Congregation with others on a public street and refusal
to move on when ordered by the officer.
(e) Knowing interference with a police cordon resulting
from the intentional crossing or traversing of a police
cordon by an unauthorized person or an unmanned
aircraft system (UAS). The cordoned area includes the
airspace above the cordoned area.
(i) For purposes of this Subparagraph, "police
cordon" means any impediment or structure
erected or established by an officer for crowd or
traffic control, or to prevent or obstruct the
passage of a person at the scene of a crime or
investigation.
(ii) "Impediment or structure" includes but is not
limited to crime scene tape, rope, cable, wire or
metal barricades, or the posting of uniformed
officers or other personnel otherwise identifiable
as law enforcement officers.
(iii) "Unmanned aircraft system" shall have the
same meaning as provided by R.S. 14:337(B).
(iv) If the flight of a UAS into the cordoned area
endangers the public or an officer's safety, law
enforcement personnel or fire department
personnel are authorized to disable the UAS.
(2) The word "officer" as used herein means any peace officer,
as defined in R.S. 40:2402, and includes deputy sheriffs,
municipal police officers, probation and parole officers, city
marshals and deputies, and wildlife enforcement agents.
C. Whoever commits the crime of resisting an officer shall be fined not
more than five hundred dollars or be imprisoned for not more than
six months, or both.
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31.
As is set out in more detail below, Mr. Quarles clearly did not violate Louisiana
Revised Statute 14:108 and defendants McClaran and/or Hammontree did not possess
any probable cause to believe that Mr. Quarles had violated Louisiana Revised Statute
14:108 prior to or at the time he was seized.
COUNT I – 42 U.S.C. § 1983 CLAIM AGAINST DEFENDANTS MCCLARAN AND
HAMMONTREE FOR WRONGFUL ARREST AND/OR SEIZURE IN VIOLATION OF
THE FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION
32.
The preceding paragraphs are incorporated by reference.
33.
As a result of the events of February 1, 2022, Mr. Quarles was arrested and jailed
for a crime that he did not commit.
34.
The conduct of defendants McClaran and Hammontree violated Mr. Quarles’
clearly established right to be free from an unreasonable seizure under the Fourth
Amendment of the United States Constitution, as secured by 42 U.S.C. §§ 1981, 1983,
1985, and 1988. “There can be no doubt that the right not to be arrested absent probable
cause [is] clearly established . . . .” Alexander v. City of Round Rock, 854 F.3d 298, 307
(5th Cir. 2017). See also Club Retro, L.L.C. v. Hilton, 568 F.3d 181, 206 (5th Cir. 2009)
((“The Fourth Amendment right to be free from false arrest—arrest without probable
cause—[is] clearly established....”); and Mangieri v. Clifton, 29 F.3d 1012, 1016 (5th Cir.
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1994) (“The right to be free from arrest without probable cause is a clearly established
constitutional right.”).
35.
Acting under color of state law, defendants McClaran and Hammontree knowingly,
recklessly, and with deliberate indifference to and callous disregard for Mr. Quarles’
rights, unlawfully arrested Mr. Quarles in the absence of probable cause and though Mr.
Quarles had committed no crime and defendants lacked any probable cause to arrest Mr.
Quarles.
36.
Defendants McClaran’s and Hammontree’s arrest of Mr. Quarles was both
objectively and subjectively unreasonable, given the circumstances. No reasonably
competent police officer would have believed that probable cause existed to justify the
arrest of Mr. Quarles.
37.
On February 1, 2022, Mr. Quarles committed no crime. On February 1, 2022,
neither defendant McClaran nor defendant Hammontree possessed probable cause to
arrest Mr. Quarles for any crime. Specifically, defendants McClaran and Hammontree
did not possess any probable cause to arrest Mr. Quarles for the crime of “resisting an
officer,” as that crime is established by Louisiana R.S. 14:108.
38.
To establish that a police officer violated a person’s constitutional rights by
arresting him, a plaintiff “must show that the officers lacked probable cause.” Deville v.
Marcantel, 567 F.3d 156, 164 (5th Cir. 2009). “A warrantless arrest must be based on
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‘probable cause.’ Probable cause exists when the totality of the facts and circumstances
within a police officer’s knowledge at the moment of the arrest are sufficient for a
reasonable person to conclude that the suspect had committed or was committing an
offense.” Id.
39.
“[U]nder Louisiana law, a person commits the offense of resisting arrest only if he
resists a ‘lawful arrest;’ that is, an arrest supported by probable cause.” Id., citing State
v. Lindsay, 388 So.2d 781, 782 (La. 1980) (“It is a long-established principle in Louisiana
law that a citizen has the right to resist an unlawful arrest.”). Moreover, “absent probable
cause as of the moment of arrest, no subsequent resistance would violate Louisiana law,
as the statute only prohibits resisting a ‘lawful arrest.’” Brown v. Lynch, 524 Fed.Appx.
69, 74 (5th Cir. 2013). Nevertheless, Mr. Quarles never resisted in any way.
40.
At the time of Mr. Quarles’ arrest (and before and after his arrest), defendants
McClaran and Hammontree lacked any probable cause for the arrest of Mr. Quarles. As
a result of Mr. Quarles’ wrongful arrest, Mr. Quarles has suffered emotional injuries and
severe damage to his sterling, hard-earned reputation.
COUNT II – 42 U.S.C. § 1983 CLAIM AGAINST DEFENDANTS MCCLARAN AND
HAMMONTREE FOR USE OF EXCESSIVE FORCE IN VIOLATION OF THE FOURTH
AMENDMENT OF THE UNITED STATES CONSTITUTION
41.
The preceding paragraphs are incorporated by reference.
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42.
The conduct of defendants McClaran and Hammontree violated Mr. Quarles’
clearly established right to be free from the use of excessive force against him under the
Fourth Amendment of the United States Constitution, as secured by 42 U.S.C. §§ 1981,
1983, 1985, and 1988. “As of 2013, it was clearly established that “violently slam[ming]
an arrestee who is not actively resisting arrest” is a constitutional violation.” Tucker v.
City of Shreveport, 998 F.3d 165, 175 (5th Cir. 2021). See also Darden v. City of Fort
Worth, 880 F.3d 722, 731 (5th Cir. 2018)] (citing Ramirez v. Martinez, 716 F. 3d 369, 377–
78 (5th Cir. 2013)]; Newman v. Guedry, 703 F.3d 757, 762–63 (5th Cir. 2012); Bush v.
Strain, 513 F.3d 492, 501 (5th Cir. 2008)). Passive resistance does not authorize violent
force on an officer's part. Deville v. Marcantel, 567 F.3d 156, 167–68 (5th Cir. 2009). As
a result, the Fifth Circuit has repeatedly denied qualified immunity in cases in which
“officers face verbal resistance but no fleeing suspect.” Id., citing Bone v. Dunnaway,
657 F. App'x 258, 263 (5th Cir. 2016) (per curiam) (citing Deville, 567 F.3d at 169; Bush,
513 F.3d at 502; Goodson v. City of Corpus Christi, 202 F.3d 730, 734, 740 (5th Cir.
2000)).
43.
Acting under color of state law, defendants McClaran and Hammontree knowingly,
recklessly, and with deliberate indifference to and callous disregard for Mr. Quarles’
rights, unlawfully subjected Mr. Quarles to unreasonable and excessive force, even
though Mr. Quarles had committed no crime and defendants lacked any probable cause
to arrest Mr. Quarles.
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44.
As a result of defendants McClaran’s and Hammontree’s use of excessive force
on him, Mr. Quarles sustained bodily injuries and emotional injuries.
45.
Defendants McClaran and Hammontree applied the following objectively
unreasonable and excessive force to Mr. Quarles: (1) spraying chemicals into Mr.
Quarles’ eyes and face, (2) forcibly removing Mr. Quarles from his car, (3) throwing Mr.
Quarles to the ground, and (4) leaving Mr. Quarles lying on the ground, with a chemical-
soaked mask on his face, among other things.
46.
The amount of force used by defendants McClaran and Hammontree was
objectively unreasonable. Factors to be considered in evaluating the objective
reasonableness of force applied include “the severity of the crime at issue, whether the
suspect poses an immediate threat to the safety of the officers or others, and whether he
is actively resisting arrest or attempting to evade arrest by flight.” All of these factors
overwhelmingly lead to the conclusion that the force used by defendants McClaran and
Hammondtree was objectively unreasonable.
47.
As to the “severity of the crime” factor, Mr. Quarles had committed no crime at the
time defendants McClaran and Hammontree used force against him. Instead, Mr.
Quarles had been the innocent, fault-free victim in a rear-end automobile, 18-wheeler
dump truck rear-end collision. This factor weighs overwhelmingly in Mr. Quarles’ favor.
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48.
As to the “immediate threat to the safety of the officers or others” factor, at the time
defendants McClaran and Hammontree used force against Mr. Quarles, he was not an
immediate threat to the safety of the officers or anyone else. (In fact, Mr. Quarles had
raised both of his hands with his palms facing defendant McClaran, the universal sign of
non-aggression/surrender.) Mr. Quarles was sitting in the driver’s seat of his car with one
foot on the ground outside the car, with his car in park, and had given no indication that
he would flee or use the vehicle as a weapon. See Deville v. Marcantel, 567 F.3d 156,
168 (5th Cir. 2009). In addition, prior to their use of force, Mr. Quarles had engaged the
officers politely and had engaged in no aggressive or hostile language or conduct with
defendants McClaran and Hammontree, or anyone else. Moreover, defendants
McClaran and Hammontree knew that Mr. Quarles was injured (or potentially injured) as
a result of being rear-ended by an 18-wheeler dump truck shortly before the officers
arrived at the scene. This factor weighs overwhelmingly in Mr. Quarles’ favor.
49.
As to the “actively resisting arrest or attempting to evade arrest by flight”, at the
time defendants McClaran and Hammontree used force against Mr. Quarles, he was not
actively resisting arrest or attempting to evade arrest by flight. As noted above, prior to
applying force to Mr. Quarles, neither defendant (McClaran or Hammontree) make any
attempt to negotiate with Mr. Quarles or deescalate the situation before applying great
force. Thus, Mr. Quarles was not actively resisting arrest or attempting to evade arrest
by flight. Moreover, even if Mr. Quarles had been actively resisting arrest, he was well
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within his rights to do so because his arrest was unlawful under Louisiana law. This factor
weighs overwhelmingly in Mr. Quarles’ favor.
50.
The force applied to Mr. Quarles by defendants McClaran and Hammontree was
both excessive and objectively unreasonable.
51.
As result of defendants McClaran’s and Hammontree’s use of excessive force on
Mr. Quarles, Mr. Quarles suffered serious, i.e., not de minimis, physical and emotional
injuries. Mr. Quarles’ physical injury required hospitalization immediately following this
incident and he continues to be treated for injuries sustained in this incident. However,
because “as long as a plaintiff has suffered some injury, even relatively insignificant
injuries and purely psychological injuries will prove cognizable when resulting from an
officer’s unreasonably excessive use of force,” the de minimis injury doctrine as it
previously existed is no longer in play. Alexander v. City of Round Rock, 854 F.3d 298,
310 (5th Cir. 2017).
COUNT III – 42 U.S.C. § 1983 CLAIM AGAINST DEFENDANTS CROPPER AND
CITY OF MINDEN, LOUISIANA UNDER MONELL FOR DELIBERATELY
INDIFFERENT FAILURE TO ADEQUATELY TRAIN AND SUPERVISE MCCLARAN
AND HAMMONTREE AND/OR TO PREVENT DISCIPLINE FOR CONSTITUTIONAL
VIOLATIONS
52.
The preceding paragraphs are incorporated by reference.
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53.
Upon information and belief, defendant Cropper, as the Chief of Police for the
Minden Police Department, is a policymaker for the City of Minden. In this case, the
execution of the City of Minden’s policy or custom inflicted injury upon Mr. Quarles.
54.
Mr. Quarles is informed and believes, and on the basis of such information and
belief alleges, that defendant City of Minden and its decisionmaker, defendant Cropper,
acted with deliberate indifference, gross negligence, and reckless disregard to the safety,
security, and constitutional rights of Mr. Quarles, and all other such persons similarly
situated. In addition, defendant City of Minden and its decisionmaker, defendant Cropper
maintained, enforced, acquiesced in, permitted, tolerated, and applied policies, practices,
and/or customs and usages that constituted gross violations of the constitutional rights of
citizens, including Mr. Quarles, by, among other things:
A. Subjecting Mr. Quarles and other law-abiding citizens to unreasonable and
excessive uses of force against their persons;
B. Subjecting Mr. Quarles and other law-abiding citizens to wrongful arrests
for nonexistent violations of Louisiana Revised Statutes 14:108, entitled
“Resisting an Officer;”
C. Failing to properly train and/or supervise its police officers; and
D. Selecting, retaining, and assigning employees (in particular defendants
McClaran and Hammontree) to interact with the public when those
employees have demonstrable propensities for wrongful arrests, excessive
force, violence, and other misconduct.
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55.
“[A] municipality is liable under § 1983 only if its ‘execution of a government’s policy
or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be
said to represent official policy, inflicts the injury.’ The plaintiff can prove the existence of
a municipal policy through, inter alia, the actions of the municipality’s legislative body or
an individual with final decision-making authority. The plaintiff can also prove the
existence of a municipal custom by pointing to a ‘persistent, widespread practice of city
officials or employees, which, although not authorized by officially adopted and
promulgated policy, is so common and well settled as to constitute a custom that fairly
represents municipal policy.” Deville v. Marcantel, 567 F.3d 156, 170 (5th Cir. 2009)
(internal citations omitted).
56.
The City of Minden caused the unconstitutional torts committed by defendants
McClaran and Hammontree on February 1, 2022, through a governmental custom or
policy to violate Mr. Quarles’ constitutional rights and by failing to adequately train and/or
supervise its officers and/or to prevent discipline for previous constitutional violations
caused by members of the Minden Police Department.
57.
Defendant Cropper, as the Chief of Police during the relevant periods provided
herein, is a final policymaker.
58.
There exists or existed a policy of the City of Minden to violate Mr. Quarles’ Fourth
and Fourteenth Amendment rights.
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59.
There also exists or existed a policy of the City of Minden to fail to properly train
its police officers so as to prevent constitutional violations committed by members of the
Minden Police Department.
60.
There also exists or existed a policy of the City of Minden to fail to properly
supervise its police officers so as to prevent or discipline constitutional violations
committed by members of the Minden Police Department.
61.
As demonstrated above, there are persistent, widespread practices of members of
the Minden Police Department, which are so common and well-settled as to constitute a
custom that fairly represents municipal policy.
62.
Such policies are to (1) subject law abiding citizens to unreasonable and excessive
uses of force against their persons; (2) wrongfully arrest innocent citizens for nonexistent
violations of Louisiana Revised Statutes 14:108 and other criminal statutes; (3) failing to
properly train and/or supervise its officers to prevent repeated violations of innocent
citizens’ civil rights; and (4) selecting, retaining, and assigning employees (in particular
defendants McClaran and Hammontree) to interact with the public when those employees
have demonstrable propensities for wrongful arrests, excessive force, violence, and other
misconduct.
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63.
It is obvious that the highly predictable consequence of not properly training and/or
supervising Minden police officers was that they would violate citizens’ rights protected
by the United States Constitution.
64.
Defendant McClaran has a history of violating the constitutional rights of law
abiding citizens. Defendant McClaran has been repeatedly sued for such violations of
citizens’ constitutional rights. See, e.g., Grider v. City of Minden, No. 5:11-CV-710
(W.D.La. 2011); Robertson v. City of Minden, No. 5:15-CV-2289 (W.D.La. 2015); Turner
v. City of Minden, No. 5:10-CV-1842 (W.D. La. 2010). In 2013, a federal jury found that
defendant McClaran had violated the constitutional rights of an innocent citizen, Shannon
Kjamal Turner, by using excessive force and assessed punitive damages against
defendant McClaran. In spite of this, in 2015, defendant McClaran was named “Officer
of the Year” by the Minden Police Department.
65.
Likewise, defendant Hammontree has a history of violating the constitutional rights
of law abiding citizens. Defendant Hammontree has been sued several times for such
violations of citizens’ constitutional rights. See, e.g., Grider v. City of Minden, No. 5:11-
CV-710 (W.D.La. 2011); Robertson v. City of Minden, No. 5:15-CV-2289 (W.D.La. 2015);
Sarameh v. Pringle, No. 4:04-CV-283 (N.D. Ga. 2004).
66.
The two officers involved in this altercation with Mr. Quarles (McClaran and
Hammontree) have demonstrable propensities for wrongful arrests, excessive force,
Case 5:22-cv-01326-SMH-MLH Document 22 Filed 09/14/22 Page 22 of 28 PageID #: 118
violence, and other misconduct. Moreover, the City of Minden and Chief Cropper actually
knew about this conduct because the verdict against Officer McClaran was rendered
while he was a Minden police officer for conduct that took place while he was a Minden
police officer. To make matters worse, Officer McClaran was awarded “Officer of the
Year” by the City of Minden after he was found liable for committing violence against a
citizen and egregiously violating that citizen’s constitutional rights, but before he violated
Mr. Quarles’ constitutional rights.
67.
The City of Minden was the moving force behind Mr. Quarles’ injuries and the
policies caused the violations of Mr. Quarles’ constitutional rights. That the policymaker
for the Minden Police Department has refused or failed to take disciplinary actions against
Officer McClaran for his prior illegal arrests and excessive use of force supports an
inference that there was preexisting de facto policy of making illegal arrests and using
excessive force. In other words, the policy maker has ratified the same conduct in the
past and that ratification (or tacit approval, if you will) led directly to Mr. Quarles’
constitutional deprivations. Moreover, defendants Cropper and City of Minden allowed
their subordinates to act with impunity in an environment in which those subordinates
were not supervised, disciplined, or trained, and in which those subordinates knew that
their violations of citizens’ constitutional rights would be facilitated, approved, and/or
condoned by their superiors.
Case 5:22-cv-01326-SMH-MLH Document 22 Filed 09/14/22 Page 23 of 28 PageID #: 119
68.
Defendant Cropper ratified the previous violations of citizens’ constitutional rights
committed by defendants McClaran and Hammontree.
69.
Mr. Quarles suffered damages as a result of these violations.
COUNT IV – 42 U.S.C. § 1983 CLAIM AGAINST DEFENDANTS MCCLARAN AND
HAMMONTREE FOR ILLEGAL SEARCH AND SEIZURE IN VIOLATION OF THE
FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION
70.
The preceding paragraphs are incorporated by reference.
71.
Mr. Quarles has a constitutional right against unlawful searches under the Fourth
and Fourteenth Amendments to the United States Constitution. That right is well
established. The Fifth Circuit has held that the search of a car “without a search warrant,
without probable cause, without a concern for officer safety, and without consent violates
clearly established law.” Mack v. City of Abilene, 461 F.3d 547, 555 (5th Cir. 2006).
72.
Mr. Quarles has a reasonable expectation of privacy in his automobile.
73.
Following Mr. Quarles’ wrongful arrest, officers from the Minden Police Department
unlawfully searched Mr. Quarles’ automobile.
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74.
This search resulted in the interior of Mr. Quarles’ automobile being ransacked. In
addition, a $30-$40 Circle K gift card, that had been in Mr. Quarles’ car prior to his arrest,
was taken.
75.
The officers’ intrusion into Mr. Quarles’ automobile constituted a search.
76.
The officers’ intrusion into Mr. Quarles’ automobile was done without a lawful
warrant and in the absence of an exception to the warrant requirement or consent by Mr.
Quarles.
77.
Mr. Quarles suffered damages as a result of these violations.
COUNT V – STATE LAW CLAIM AGAINST DEFENDANTS MCCLARAN AND
HAMMONTREE FOR FALSE ARREST AND MALICIOUS PROSECUTION
78.
The preceding paragraphs are incorporated by reference.
79.
Defendants McClaran and Hammontree were personally and directly involved in
the arrest of Mr. Quarles and knew, at the time the arrest was made, that their arrest of
Mr. Quarles was wrongful.
80.
Defendants Cropper and City of Minden, by deliberately and/or recklessly failing
to train and/or supervise their subordinate officers caused their subordinates to deprive
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Mr. Quarles of his clearly established constitutional rights not to be deprived of liberty
without due process of law, not to be illegally seized and detained, not to be the subject
of unreasonable, excessive force, not to have his automobile illegally searched, and not
to be deprived of his rightful property.
81.
Moreover, defendants Cropper and City of Minden allowed their subordinates to
act with impunity in an environment in which those subordinates were not supervised,
disciplined, or trained, and in which those subordinates knew that their violations of Mr.
Quarles’ constitutional rights would be facilitated, approved, and/or condoned.
82.
Defendants McClaran’s and Hammontree’s actions were in violation of clearly
established constitutional law, and no reasonable law enforcement officer would have
believed that the defendants’ actions were lawful.
83.
As a direct and proximate result of defendants’ actions, Mr. Quarles was wrongly
arrested, charged, detained, physically abused, and suffered the other grievous injuries
and damages set forth herein.
COUNT VI – STATE LAW CLAIM AGAINST DEFENDANTS MCCLARAN AND
HAMMONTREE FOR BATTERY
84.
The preceding paragraphs are incorporated by reference.
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85.
Defendants McClaran’s and Hammontree’s conduct, set forth in detail above,
constitute an unlawful battery under Louisiana law.
86.
Mr. Quarles suffered physical and emotional damages as a result of this battery.
COUNT VII – STATE LAW CLAIM AGAINST DEFENDANTS FOR INTENTIONAL
INFLICTION OF EMOTIONAL DISTRESS
87.
The preceding paragraphs are incorporated by reference.
88.
The above-described actions by defendants constitute extreme and outrageous
conduct that caused Mr. Quarles severe emotional distress.
89.
The acts described above exceed all possible bounds of decency and should be
regarded as atrocious and utterly intolerable in a civilized community.
90.
Defendants either desired to inflict severe emotional distress on Mr. Quarles or
knew that severe emotional distress would be certain or substantially certain to result.
COUNT VIII – STATE LAW CLAIM AGAINST DEFENDANTS FOR CONVERSION
91.
The preceding paragraphs are incorporated by reference.
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92.
As alleged above, prior to the illegal search of his automobile, Mr. Quarles
possessed a $30-$40 Circle K gift card. Following the illegal search of his automobile
and upon return of the automobile to Mr. Quarles, this Circle K gift card was no longer in
Mr. Quarles’ automobile.
93.
The taking of Mr. Quarles’ Circle K gift card constitutes a wrongful conversion
under Louisiana law, entitling Mr. Quarles to damages.
COUNT IX – CLAIM FOR VIOLATIONS OF THE LOUISIANA CONSTITUTION
AGAINST ALL DEFENDANTS
94.
The preceding paragraphs are incorporated by reference.
95.
The Louisiana State Constitution, like the United States Constitution, guarantees
a person’s right to be secure in his person and effects from unreasonable seizure, to
equal protection of the law, to due process of law, and to additional rights.
96.
By reason of the same intentional, malicious, reckless, and deliberate conduct that
violated Mr. Quarles’ rights under the United States Constitution, defendants’ conduct
violated the rights guaranteed to Mr. Quarles under the Louisiana State Constitution.
Case 5:22-cv-01326-SMH-MLH Document 22 Filed 09/14/22 Page 28 of 28 PageID #: 124
JURY DEMAND
97.
Pursuant to Federal Rule of Civil Procedure 38 and the Seventh Amendment, Mr.
Quarles requests a trial by jury.
PRAYER FOR RELIEF
WHEREFORE, plaintiff Benjamin Quarles prays for a judgment for actual damages
against the defendants, punitive damages against the individual defendants, attorneys’
fees, and costs, all as available by relevant statutes and laws, and such other and further
relief as this Court may deem appropriate.
AYRES, SHELTON, WILLIAMS, BENSON
& PAINE, LLC
/s/ J. Todd Benson
J. Todd Benson, T.A.
La Bar Roll No. 23648
333 Texas Street, Suite 1400
P.O. Box 1764 (71166-1764)
Shreveport, Louisiana 71101
Telephone: (318) 227-3500
Facsimile: (318) 227-3820
Email: toddbenson@arklatexlaw.com
ATTORNEY FOR BENJAMIN L. QUARLES
