Alabama police sued after viral video shows officer using a Taser on handcuffed man

MONTGOMERY, Ala. (AP) — A man in Alabama filed a $20 million federal civil rights lawsuit on Tuesday, alleging a police officer repeatedly used a Taser on him while he was detained and compliant in handcuffs.

A video of the encounter appears to show Micah Washington, 25, with police. According to the lawsuit, he was changing a flat tire near his aunt’s house in Pickens County, Alabama, when a police officer from Reform approached him and a friend he was with.

There have been at least three fatal encounters with law enforcement in Pickens County in recent years, including the case of New Orleans Saints defensive end Glenn Foster Jr., who was found dead in the back of a law enforcement vehicle in December 2021. Months earlier, Michael Broady Jr. died after law enforcement allegedly beat and shocked him while he was in handcuffs, according to a complaint filed by his sister. And in April 2021, the Pickens County Sheriff’s Department was sued by the family of Wallace Wilder, a Black man who was shot in his apartment by law enforcement in 2019.

The video of Washington’s arrest circulated widely in December. It begins once Washington is already in handcuffs and appears to show him informing officer Dana Elmore that he has a gun. Elmore retrieves it, then shocks Washington in his back with a Taser.

“Do you want it again?” Elmore appears to say in the video, before cursing at Washington and telling him to shut up.

Washington said in an interview that the encounter made him fear for his life when he sees police.

“I don’t want to be scared or anything like that, but that’s just the first thing that comes to mind now,” Washington said.

The lawsuit filed Tuesday accuses Elmore and her husband, former Pickens County Sheriff’s Deputy Jody Elmore, of excessive force, deliberate indifference, malicious prosecution and wrongful detainment. The city of Reform is also listed as a defendant.

The plaintiffs include Washington’s 16-year old brother, who took the video that went viral, and Jacorien Henry, the friend Washington was driving with.

The video played a pivotal role in Washington filing the suit, according to his attorney, Kristen Gochett.

“Micah Washington’s case is common,” said Gochett. “But it’s not always captured.”

Reform Mayor Melody Davis and Police Chief Richard Black have said Dana Elmore was placed on unpaid leave following the encounter. Jody Elmore has since left the sheriff’s department.

Court documents did not list an attorney for either of the Elmores. Telephone messages seeking comment were left with the city of Reform and the Pickens Count Sheriff’s Department Wednesday morning.

Washington was charged with obstructing governmental operations, resisting arrest and marijuana possession, according to arrest records. He is awaiting a grand jury decision in the case. His attorneys alleged in the lawsuit that the marijuana was planted in his car by one of the responding officers.

Richard Rice, a Birmingham-based civil rights attorney who represents Washington and the families of two of the other men who died after encounters with local law enforcement, said he believes Washington’s arrest represents a broader problem in the area.

“These incidents are not isolated. They reflect a troubling pattern of misconduct,” Rice said.

Safiyah Riddle, The Associated Press