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untanglingwebs
El Supremo
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United States District Court Eastern District of Michigan Southern Division
Case# 97-72335 Honorable Patrick Duggan
Sharon Childress
v
Officer David Williams, Office Tony Jones, Officer Rogilius Luna, Officer Michael Angus, Officer James Peterson, Sabrena Alston, The Cityof Flint, a municipal corporation, and the Flint Police Department, individually and in their official capacities
Antoinette Raheem, Detroit, MI Attorney for Plaintiff
and Rachel K. Eickemeyer, Novi, Mi Co-counsel for Plaintiff
Karen Folks of Neal, Neal and Steward Attorney for City o Flint
Patrick M. kirby Attorney for Tony Jones
Frederick L. Schmoll of Gault Davison Attorney for David Williams
Barry A. Wolfe attorney for officers Luna, Angus and Peterson & Sebrena Alston
Last edited by untanglingwebs on Wed Jan 16, 2019 10:38 am; edited 1 time in total |
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Wed Jan 16, 2019 8:30 am |
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untanglingwebs
El Supremo
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When the City of Flint made a Motion for Summary Disposition, Attorney Rachel Eickemeyer has a scathing response in opposition:
Introduction
"On first blush, this ia a policy brutality case. In reality this is a case of widespread, deeply entrenched corruption and abuse of power tht Plaintiff has unearthed in the City of Flint Police DepartmentThe case portrays how a mother, working woman and a good citizen had her life shattered because she made the mistake of calling the Flint Police when she needed protection. As a result of Defendants violations of her constitutional rights, Mrs Childress id now totally and permanently disabled. Moreover, although the evidence of Defendant behavior is extensive, it appears that Mrs. Childress has only founf the tip of the iceberg in the Flint Police Department's custom and policy of deliberate indifference to citizen's constitutional rights." |
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Wed Jan 16, 2019 8:48 am |
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untanglingwebs
El Supremo
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| "Not only Flint Department records, but records from the Flint Ombudsman's )Ombudsman) as well demonstrate an unofficially adopted custom and policy within the FPD of deliberate indifference to the FPD;s members' violations of constitutional rights of Flint citizens. As the Plaintiff will show, this deliberate indifference by the City's FPD directly caused Plaintiff's damages in this case." |
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Wed Jan 16, 2019 8:54 am |
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untanglingwebs
El Supremo
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Sharon Childress
Cildress was described as a wife, mother and grandmother. She was a 19 year employee of GM and was working as a welder at the time of the unlawful arrest. She was stufying for the ministry and ministered to the jail three (3) Sundays a month. She had no criminal hiand her uncle was one of the first black police officers hired by the Flint Police Department.
Her three year old son had cerebral palsy and her five year son had been diagnosed with Attention Deficit Disorder and was on medication Both boys and their eleven year old brother all witness the traumatic abuse of their mother at the hands of the FPD.
Childress had survived a great deal of trauma in her lifetime. She had a physically abusive father and a sexually and physically abusive ex-husband. Before her job with GM she had worked in a convenience store and had been the victm of a robbery. |
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Wed Jan 16, 2019 5:20 pm |
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untanglingwebs
El Supremo
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Tragically the encounter with the Flint Police she called for protection of her family, left Mrs. Childress a broken, depressed and fearful woman. She frequently had crying spells and lost interest in things she once enjoyed Her family had to assist her with household chores. The trauma of the unlawful arrest resulted in multiple diagnoses of depression and powerful prescribed medications. Her physician placed her on food supplements after she lost of 30 pounds.
GM designated her permanently and totally disabled. The loss of income on disability meant she had to remove her two chilren enrolled in kingdom Academy a private school, |
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Wed Jan 16, 2019 5:38 pm |
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untanglingwebs
El Supremo
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The complaint described an evening of Sunday, January 7, 1996 where Chlifrss was preparing for bed as her husband was at a bowling tournament. She was wearing a loose t-shirt over pajama bottoms and footies. Her daughter, Tracie Sanders came to visit with her son. They were also joined by the grandson's father lawrence Jones.Tracie had recently ended a relationship with an ex-boyfriend, Orin Cruckshank.
Cruckshank had been stalking Tracie and had allegedly tried to force his way into her apartment. Tracie told her mother that two days prior (1-5-1996) Cruckshank had called to tell her would shoot himself with a gun if she did return to him. Tracie called the police from her mothers home to rport his suicide threat. Thus her mother was aware Crucksank had a gun. |
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Wed Jan 16, 2019 5:55 pm |
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untanglingwebs
El Supremo
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Mrs. childress called the 911 at approximately 8:30 p.m.. Cruckshank was violently pounding on the house windows demanding to speak to Tracie and had the children frightened and crying. David Williams and Tony Jones responded to the call, Jones entered the house for the history and Williams spoke with Cruckshank. Both officers were aware that Cruckshank was trespassing, harassing and stalking. Cruckshank was not arrested and a lien chec was not run. Just a few months before the court had imposed a condition of Cruckshank that he was not to harass anyone for one year in order to have charges his wife filed dropped. This was because Crukshank had gone to his wifes ob and threatened her with a gun.
Thinking the police had dealt with the issue, Lawence Jones and Tracie left to get food. Cruckshank returned and blocked their exit on the narrow street. He was once again screaming and placed his hand on top of the car. Tracie was on the passenger side and she leaned over to blow the horn. |
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Thu Jan 17, 2019 12:02 am |
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untanglingwebs
El Supremo
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Childress, fearing for her daughter's safety because she knew about the gun threats called the 911 again. She was fearful that the pair was being held at gunpoint. She spoke with 911 operator Sabrena Alston and told her she thoght Cruckshank might have a gun but she couldn't see clearly from the house. Alston dispatched that he was back and had a gun. The call was transferred to officer Peterson who was also told Childress was not sure there was a gun because it was so dark out. This time Crukshank was arrested but no gun was found. Williams tols tony Jones he was going to arrest Childress. for giving false information to a police oficer.
Williams then called Officers Angus and luna for transport of Childress.Sgt davis arrived and there was no discussion of obtaining a warrant for the arrest. Davis should have known that the only way to make a misdemeanor arrest was to have the crime committed in the officers presence. (FPD reg.4/005.2, MCLA 764.15) |
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Thu Jan 17, 2019 12:17 am |
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untanglingwebs
El Supremo
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Williams then put on his black leather gloves saying he did so " to protect himself from germs when having contact with a person or suspect." Williams only asked one question and that was id she was the person who called about a man with a gun. Her response was that she thought he had a gun.
Dspite it being bitterly cold and she was ready for bed, Williams ordered her out.
When she began to comply and had her feft leg ou, Wiams forcibly grabbed her arm and threw her against the house, handcuffed her and unlawfully arrested her without a warrant. He then slammed her face against the storm door window. When childress tried to turn her head to ask why she was being treated so badly, Williams only said "you lied". Williams was so rough with her she feared he would injure her. No Miranda warning and no response to he plea to know why she was being arrested. |
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Thu Jan 17, 2019 12:31 am |
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untanglingwebs
El Supremo
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Because she only had sleepwear on, no bra or underwear, it should have been obvious ahe had no weapon. Williams searched her anyway using his hands over her breasts and between her legs.Childress believed this was an attempt to humiliate her. Her youngest children saw the arrest and were traumatized The 5 year old ran to hide and later expressed a fear o the police. The 3 year became obsessed with the arrest and told everyone about it. When Tracie got out o the car she was ordered to get back in the car by Williams.
When Williams walked her to the cruiser of Angus and Luna, Childress pleaded to know what would happen to her children. Williams yelled at Tracie that she "better take care to them babies."
When Childress asked why she was being arrested, Angus and Luna only responded "you lied". Fearing for her children, Chilress began to cry and the ofices turned the radio up loud to drown out her sobs.
Last edited by untanglingwebs on Thu Jan 17, 2019 12:54 am; edited 1 time in total |
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Thu Jan 17, 2019 12:44 am |
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untanglingwebs
El Supremo
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After Angus and luna left with her mother, Tacie ran into the house to call her grandmother who lived nearby to ask her to care for the children. She also got a coat and shoes for her mother. The street was narrow but when Tracie and Lawrence Jones attempted to follow Luna and Angus they were blocked when Williams opene his cruiser door. They then had to back up and go another route. When they arrived at the police station before her mother, Tracie became frantic.
When Mr Childress arrived home he found his children crying and hysterical. While he called the Ombudsman, the mother, sister and uncle of Mrs Childress went to the police station to wait for her release. |
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Thu Jan 17, 2019 12:51 am |
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untanglingwebs
El Supremo
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At the station Childress asked to have her handcuffs removed as they were too tight and cutting her wrists. Officer Angus lied to her and said no that Williams had the only key. It was only ater the lien check that Williams removed the cuffs using his key.
Childress, whose only crime was calling 911 because she feared for her daughter's safety, was booked, fingerprinted and had a criminal record created for for the misdemeanor crime of false information to a police officer. When Williams appeared at the station he told her she should have told 911 that she wasn't sure of the gun and then said "It ain't that big of a deal." |
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Thu Jan 17, 2019 8:36 am |
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untanglingwebs
El Supremo
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The FPD investigation cover-up
The next day Childress and her husband went to the Ombudsman to file a complaint. Darryl Buchanan escorted them to the police station to file a citizen's complaint. Before Lt. Gary Hect would take the complaint he made Childress sign a copy of the Flint ordinance regarding for giving false information to the police. He hen warned her that if her complaint was false that she would face prosecution..
Childress was of the belief that the arrest was based on her gender, race or perceived social class. She thought Williams perceived to to be an "unmarried welfare mother" with too many children that would be too politically weak to complain about his treatment of her. |
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Thu Jan 17, 2019 8:47 am |
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untanglingwebs
El Supremo
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(p11)
The Statement of Facts show the complaint went to Bradford Barksdale, who then assigned it to the very department the very Bureau that Williams worked with, Police Operation (Patrol) Bureau instead of the Department of Operations. The shift commander Lt John Martin Phillips was to investigate one of his own officers.
Raheem noted " In essence, the Patrol Bureau was to investigate the patrol officers they worked with every day who were accused of violating the constitutional rights of a citizen."
While Phillips obtained the "5x8 reports from officers Jones, Luna, Angus and Williams he never interviewed any of the non-police witnesses. He did however review the 911 tapes and noted that 911 was told operators were told that Childress "only thought he might have a gun"So Phillips recommended that Williams not be disciplined because his actions were "based on information on hand". He did recommend discipline for Alston and Officer Peterson. |
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Thu Jan 17, 2019 9:06 am |
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untanglingwebs
El Supremo
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Barksdale was in agreement with Phillips and sent the report ti interim Police chief John Steele
"Startling Discovery about alleged Alston Report"
Alston, in her deposition on May 26, 1998, testified that the report typed by Phillips, was handed to her and her supervisor ordered her to sign, which she did. She testified she had not reviewed the 911 tape and gave no information to Lt. Phillips. She then said it was irrelevant if the "full of lies, because with a direct order to sign she had to sign"
Childress took her case to City Council on 2-26-96 and Councilman Ed Taylor called the Chief John Steele and said he wanted it investigated.
Last edited by untanglingwebs on Thu Jan 17, 2019 1:22 pm; edited 1 time in total |
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Thu Jan 17, 2019 9:20 am |
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