Two Alabama women who had been arrested for feeding and spaying feral stray cats have now launched a civil lawsuit against officers for violating their rights.
Beverly Roberts, 86, and Mary Alston, 61, were arrested and taken to jail by police in June 2022 in Wetumpka while waiting to trap stray cats that they planned to take to be neutered and eventually adopted.
The suit lists the city Mayor Jerry Willis, Police Chief Greg Benton, Assistant Police Chief Ed Reeves and Police Officers Kameron Ricks, Jason Crumpton and Brenden Foster both as city employees and personally as defendants.
According to court documents, Ricks, Crumpton and Foster had 'violently handcuffed' both women, 'aggressively forced them into a police car' and 'unjustifiably jailed them'.
The lawsuit also alleges that Roberts and Alston were arrested with the pretext that they were trespassing on public property and were jailed at the 'specific direction of Willis, Benton and Reeves'.
Mary Alston, 61, (right) and Beverly Roberts, 86, (left) have launched a civil lawsuit against officers for violating their rights
Alston and Roberts were arrested and taken to jail by police in June 2022 in Wetumpka while waiting to trap stray cats, take them to be neutered and eventually adopted
According to court documents , Officer Ricks, Crumpton and Foster had 'violently handcuffed' both women, 'aggressively forced them into a police car' and 'unjustifiably jailed them'
'The charges were bogus and the defendants knew this. The charges were brought maliciously, to harass and embarrass Roberts and Alston and to deter them from exercising their right to engage in [trap-neuter-return] and to peaceably assemble on public property,' documents read.
The duo are seeking compensatory damages for mental anguish and emotional distress, punitive damages along with court costs and reasonable attorneys' fees.
In 2022, Alston was sitting in her car after she had set up traps to capture a female cat on public property in Elmore County when she saw Willis drive past her.
Within minutes, three police arrived where Alston was parked and approached her.
According to the complaint, Willis later admitted that after observing Alston, he ordered the police to approach her.
Further, the lawsuit alleges that 'Willis was angry that Roberts and Alston frequently complained, both publicly and to officials at Wetumpka City Hall, that. Willis was failing to enforce laws and ordinances prohibiting the "chaining" of dogs.'
In 2022, Alston was sitting in her car after she had set up traps to capture a female cat on public property in Elmore County when she saw Willis drive past her. Within minutes, three police arrived where Alston was parked and approached her
According to the lawsuit, at this point officers informed Roberts that she would be arrested. When the officers handcuffed Roberts, Alston got out of her car and attempted to speak with the officers
Foster allegedly grabbed Alston, jerked her out of her vehicle by force, and then handcuffed her
The lawsuit further states that the officers were aware that Roberts was a disabled veteran
Bodycam footage shows one of the cops approach Alston, question what she was doing and ask for her driver's license.
Alston is heard asking the officer: 'Ya'll got three cop cars because I'm feeding cats? Wow, it's unbelievable.'
The trio is heard telling Alston that she had 'formally trespassed the area' and could go to jail.
Footage then shows the officers getting into their own cars and driving before returning to the scene.
When they return, Alston is still parked in the same spot and had now been joined by Roberts.
According to the lawsuit, at this point they informed Roberts that she would be arrested. When the officers handcuffed Roberts, Alston got out of her car and attempted to speak with the officers.
'The officers ordered Alston to quit talking and to get in her vehicle. Alston complied with the officers' demand to get back into her vehicle but continued to try to speak to the officers,' the lawsuit states.
The duo are seeking compensatory damages for mental anguish and emotional distress, punitive damages and court costs and reasonable attorneys' fees
The civil lawsuit alleges unlawful seizure and detention, excessive force, malicious prosecution, negligence, wantonness and other counts against the city officials and a jury trial has been demanded
In response, Foster allegedly grabbed Alston, jerked her out of her vehicle by force, and then handcuffed her.
The pair were then taken to a local jail, where they were allegedly mistreated further.
While in jail, Roberts lost consciousness and hit her head.
The complaint alleges that 'a police officer observed this but did nothing. Roberts was not provided any medical assistance. Roberts requested to make a phone call, but was denied. She was told that a phone call was a "privilege, not a right". This is contrary to Alabama Law.'
The lawsuit further states that the officers were aware that Roberts was a disabled veteran and that Alston had a heart condition that was being treated with prescription heart medication.
Alston's husband had posted bail for both women.
In December 2022, Wetumpka Municipal Judge Jeff Courtney found Roberts guilty of criminal trespassing and disorderly conduct.
Alston was found guilty of criminal trespassing and interfering with governmental operations.
In December 2022, Wetumpka Municipal Judge Jeff Courtney found Roberts guilty of criminal trespassing and disorderly conduct
Alston was found guilty of criminal trespassing and interfering with governmental operations
But they later appealed to Elmore County Circuit Court and sought a jury trial. At that point, the city dropped the charges against them
Courtney sentenced both women to two years of unsupervised probation and 10 days in jail.
The jail sentence was suspended, meaning the women will serve no time. Each woman was also fined $100 and ordered to pay court costs.
But they later appealed to Elmore County Circuit Court and sought a jury trial. At that point, the city dropped the charges against them.
The civil lawsuit alleges unlawful seizure and detention, excessive force, malicious prosecution, negligence, wantonness and other counts against the city officials and a jury trial has been demanded.
A court date has not yet been released. According to the Montgomery Advisor, Judge Emily Marks has been assigned to the trial.
