Love files $2M claim against Mobile

Miss-Delectable · 11-21-2009, 03:33 AM

Love files $2M claim against Mobile | Fox10tv.com

A $2 million claim was filed Thursday with the Mobile City Clerk in relation to the incident where a deaf and mentally challenged man was tasered at a Dollar General store.

Birmingham attorney Tommy James, of the firm Morris, Haynes & Hornsby, represents Antonio Love, the deaf and mentally challenged man who was pepper-sprayed and tasered by Mobile police officers in the bathroom of a Dollar General store in Mobile.

Antonio Love's family members say Mobile police went too far. "Tony," as he is known, said he was sick and went into a store to use the restroom. The store manager called Mobile police after Love had been in the room for a while. If police knocked on the door or called for him, he had no way of knowing. Love is deaf.

Love described how things unfolded. His brother interpreted for him.

"He saw smoke. He said, 'What's that smell?' He started putting water on the floor and tissue trying to block the smoke out. He put water on his mouth and face and started to hold his breath."

What Love described was pepper spray. Police sprayed it under the door before breaking the door down. Love said he had no idea what was going on as the smoke poured in and the bashed-in door hit him in the head.

Things quickly went from bad to worse.

"Tased him in his chest. He was shaking saying, 'Stop! Stop!' He couldn't move. They dragged him from the bathroom to the front," his brother translated.

Love was tased three times. He said police didn't realize he was deaf until they got him outside the store. That's when they looked in his wallet and found a card detailing his handicap. Love said an EMT was dispatched, and after he was checked out, he was then put into the back of a police car and taken to Metro jail where he sat until police finally took him home later that afternoon.

James stated in a press release Thursday that his investigation is in its early stages, and that the family would have no further comment at this time.

“The family has not made a final decision on whether they will file a lawsuit. We are just trying to get all of the facts as to what really happened to Antonio and why it happened and then we will go from there. However, we may be forced to file suit so that we will be able to issue subpoenas to obtain the Internal Affairs investigation and other relevant documents because the City of Mobile is not willing to release this information to us."

The incident occurred on July 24, 2009, at the Dollar General on Azalea Road. A notice of claim is required to be filed with the city clerk under Alabama law within six months of an incident when a city and its employees could potentially be defendants in a lawsuit.

In the press release James said, “The City has essentially forced us to file this because they have completely ignored all of the requests that we have made for information. We have requested the 911 tapes from the Mobile Police Department and they have refused to provide them to us even though they provided them freely to local media. The City has also refused to provide us with the internal affairs investigation into this incident. Based on the nature of this case, I am extremely surprised that the City is being so uncooperative.”

dark · 11-21-2009, 02:57 PM

ughh, it disgusting me

11-21-2009, 03:33 AM	#1 (permalink)
Miss-Delectable Capt Tony Nelson, Jeannie Join Date: Apr 2004 Location: No.1 Shopping Capital in Australia Posts: 10,809 Blog Entries: 3	Love files $2M claim against Mobile Love files $2M claim against Mobile \| Fox10tv.com A $2 million claim was filed Thursday with the Mobile City Clerk in relation to the incident where a deaf and mentally challenged man was tasered at a Dollar General store. Birmingham attorney Tommy James, of the firm Morris, Haynes & Hornsby, represents Antonio Love, the deaf and mentally challenged man who was pepper-sprayed and tasered by Mobile police officers in the bathroom of a Dollar General store in Mobile. Antonio Love's family members say Mobile police went too far. "Tony," as he is known, said he was sick and went into a store to use the restroom. The store manager called Mobile police after Love had been in the room for a while. If police knocked on the door or called for him, he had no way of knowing. Love is deaf. Love described how things unfolded. His brother interpreted for him. "He saw smoke. He said, 'What's that smell?' He started putting water on the floor and tissue trying to block the smoke out. He put water on his mouth and face and started to hold his breath." What Love described was pepper spray. Police sprayed it under the door before breaking the door down. Love said he had no idea what was going on as the smoke poured in and the bashed-in door hit him in the head. Things quickly went from bad to worse. "Tased him in his chest. He was shaking saying, 'Stop! Stop!' He couldn't move. They dragged him from the bathroom to the front," his brother translated. Love was tased three times. He said police didn't realize he was deaf until they got him outside the store. That's when they looked in his wallet and found a card detailing his handicap. Love said an EMT was dispatched, and after he was checked out, he was then put into the back of a police car and taken to Metro jail where he sat until police finally took him home later that afternoon. James stated in a press release Thursday that his investigation is in its early stages, and that the family would have no further comment at this time. “The family has not made a final decision on whether they will file a lawsuit. We are just trying to get all of the facts as to what really happened to Antonio and why it happened and then we will go from there. However, we may be forced to file suit so that we will be able to issue subpoenas to obtain the Internal Affairs investigation and other relevant documents because the City of Mobile is not willing to release this information to us." The incident occurred on July 24, 2009, at the Dollar General on Azalea Road. A notice of claim is required to be filed with the city clerk under Alabama law within six months of an incident when a city and its employees could potentially be defendants in a lawsuit. In the press release James said, “The City has essentially forced us to file this because they have completely ignored all of the requests that we have made for information. We have requested the 911 tapes from the Mobile Police Department and they have refused to provide them to us even though they provided them freely to local media. The City has also refused to provide us with the internal affairs investigation into this incident. Based on the nature of this case, I am extremely surprised that the City is being so uncooperative.” __________________

11-21-2009, 02:57 PM	#2 (permalink)
dark XD Join Date: Jun 2008 Location: maryland Posts: 139	ughh, it disgusting me __________________

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