Scruggs Complaint
Scruggs Complaint
FILED
U.S. DISTRICT COURT
EASTERN DISTRICT ARKANSAS
MAR 02 2023
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION DEPCLERK
attorneys, Dodds, Kidd, Ryan & Rowan, and for his cause of action, states as
follows:
the Fourth and Fourteenth Amendments, and under law, particularly the
PARTIES
4. Plaintiff, Steven Parker Scruggs ("Scruggs"), is a citizen of the United States
was finishing up his work that day in the parking lot of a Walmart Store
8. Chief Scott Steely ("Chief Steely"), has been the Chief of Police for the
for the training, policies, and actions of the Department and its officers.
municipality organized and existing under the laws of the State of Arkansas,
Complaint Page 2 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 3 of 12
IO.The City was the employer of the individual Defendants herein, was
empowered, funded and directed to pay any § 1983 civil rights judgment for
for which any City employee acting within the scope of his or her
11.At all relevant times, the City participated in the Municipal Legal Defense
towns and cities. The acts and/or omissions of which Plaintiff complains
constitute a civil rights lawsuit against the City and the individually-named
indemnification party regarding the acts and/or omissions of City and the
FACTUAL ALLEGATIONS
12.On or about April 11, 2022, Cabot Police Department Officer, Matthew
Dillon Fitzhugh, used force to detain and arrest Plaintiff, Steven Parker
Scruggs, without legal justification. Mr. Parker was not suspected of a crime
Complaint Page 3 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 4 of 12
13.Officer Fitzhugh took down Mr. Parker with physical force without reason
to believe that Mr. Parker had committed a crime, was committing a crime,
called the Cabot Police Department asking the department for assistance in
informed the City employee that Walmart had NOT asked Plaintiff to leave
that day.
15.The Walmart employee mistakenly believed that Plaintiff had been asked to
leave the property on previous days. While it is likely that the employee
litigation.
16.Officer Fitzhugh arrived at Walmart and made contact with Plaintiff in the
contact.
17.At no time during this encounter had there even been an allegation that
Complaint Page 4 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 5 of 12
19 .Plaintiff informed the officer that he would voluntarily leave the property,
understood that Fitzhugh had no reason to identify him. This demand and
20.As soon as a second police officer arrived on the scene, Fitzhugh went
"hands-on" with Plaintiff by grabbing him and saying "come here." Fitzhugh
never informed the Plaintiff that he was detained, arrested, or otherwise not
free to leave.
23. While still on scene, Fitzhugh explained to other officers that arrived to
assist Fitzhugh that the reason for the use of force and arrest was that
Complaint Page 5 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 6 of 12
24.No officer had the courage to do the right thing and correct another officer.
Instead, each officer actively chose the cowardly act of backing his/her
fellow officer despite that Fitzhugh was violating well established rights and
laws.
25.Plaintiffwas charged with resisting arrest, but the charges were ultimately
dropped.
his actions when no reasonable police officer could believe he had probable
irritating.
RELEVANT LAW
Complaint Page 6 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 7 of 12
exists. Ark. R. Crim. P. 2.2; Stujjlebeam v. Harris, 2006 U.S. Dist. LEXIS
30.An officer may not arrest a suspect for failure to identify himself if the
justifying the stop. Hiibel v. Sixth Jud. Dist. Ct., 542 U.S. 177, 188, 124 S.
31.A law-enforcement officer may only use non-deadly force when detaining a
31, above.
Complaint Page 7 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 8 of 12
33.Fitzhugh, used excessive force against Scruggs person, causing injury, pain,
criminal activity.
36. The force used by Fitzhugh was unnecessary and unreasonable, and caused
Plaintiff direct injury, direct pain, loss of liberty, reputational damage, and
other damages.
loss of liberty, conscious pain and suffering, punitive damages, and attorney
fees.
39.For these reasons and others set forth herein, Plaintiff brings this action
seeking the following remedies for the violation of his constitutional rights:
Complaint Page 8 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 9 of 12
rights; and
attorney fees.
39, above.
41.A local government is liable under 42 U .S.C. § 1983 for the deprivation of a
deliberate indifference to the relevant right and caused the alleged injury.
force oflaw. Monell v. Dept. of Soc. Svcs., 436 U.S. 691 (1978).
Monell claims and get those claims rightfully before a jury. Beck v. City of
45.lt was the tradition and/or policy of the Cabot Police Department to identify
any citizen they make contact with through a call to their department,
46.The City of Cabot and the Cabot Police Department failed to even
investigate the unlawful actions of Fitzhugh, much less take any corrective
47.The actions of the Cabot Police Department and the City of Cabot ratified
the unlawful actions of Fitzhugh and make them liable for his actions as
their employee.
criminal activity.
Amendment rights because its officers who used force and detained Plaintiff
Complaint Page 10 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 11 of 12
5C .For these reasons and others set forth herein, Plaintiff brings this action
seeking the following remedies for the violation of his constitutional rights:
attorney fees.
Respectfully Submitted,
Complaint Page 11 of 12
Case 4:23-cv-00166-JM Document 1 Filed 03/02/23 Page 12 of 12
VERIFICATION
,,.,____
I, Steven Parker Scruggs, do hereby state under oath, that the facts as set forth
in the discovery responses provided are true and co/4ecto~he est of my knowledge
~~~ ~
__
Signature
State of Arkansas
County of Lonoke
My commission expires:
[SEAL]
Beffnda L MIiier
Notary Public
Fauflcner County, Arkafl8al
Commission ExpirU Aprll 14, 2025
Commission Number 12404088
Complaint Page 12 of 12