Man sues Spokane Valley after being pulled from car, hogtied following mix-up

Yahoo

19-04-2025

Apr. 18—A 35-year-old Black man who was pulled out of his car and forced to the parking lot pavement of his Spokane Valley residence before being hogtied and taken to jail is suing the deputy who arrested him and the city.
The lawsuit filed Thursday in U.S. District Court — Eastern District of Washington claims Spokane Valley Deputy Samuel Turner violated Joshua Clark's constitutional rights the morning of Oct. 1, 2023, outside HometTowne Studios apartment complex, 12803 E. Sprague Ave. The city of Spokane Valley, Spokane Valley Police Department and Spokane Valley Police Chief Dave Ellis are the other listed defendants in the complaint.
Turner "unlawfully detained and arrested" Clark "without reasonable suspicion or probable cause," according to the complaint. Turner also pulled open Clark's door upon contacting him without legal justification, and then used "violent, excessive force" that caused permanent injuries on Clark, the suit alleges.
"I filed it obviously because I believe wholeheartedly we have egregious violation of my client's constitutional rights and ultimately the county didn't take responsibility for it in a manner myself or client thought was appropriate," attorney Joshua Maurer told The Spokesman-Review Friday.
Spokane County Sheriff's Office Cpl. Mark Gregory, spokesman for the department, said he could not comment on the pending litigation. Spokane Valley police contracts with the sheriff's office.
As of Thursday, the sheriff's office had not received the lawsuit, Gregory said. Maurer said the lawsuit would be served Friday or in the next couple of days.
The incident
Turner wrote in a probable cause affidavit that he was patrolling the area of HomeTowne Studios that day at the request of the owners because of increased criminal activity there, including trespassing, unlawful camping, drug use, assaults, thefts, prostitution and stolen vehicles.
Turner saw a silver Dodge Nitro parked in the lot with the engine running and a man inside, the affidavit says.
A registration check of the license plate revealed four prior trespassing calls at HomeTowne. Willie Burns, who had a felony warrant, was one of the people involved in those calls, and his description matched Clark's, Turner wrote. Turner did not know Clark's name at the time and later learned Clark was not the man he was looking for.
It's unclear why the car Clark was in was associated with a trespassing call centered on someone else.
The lawsuit says Turner's actions were "tethered together by threads of racism," as the only similar characteristic between Clark and Burns was they were both Black.
"Furthermore, the entire basis for Officer Turner's detention of Joshua Clark was his status as a Black man," the lawsuit says.
Turner wrote in the affidavit he conducted a "suspicious vehicle" stop on the Dodge for trespassing and the potential warrant, according to the affidavit.
Body camera footage shows Turner exiting his patrol car, walking to the driver's side of Clark's vehicle and opening the car door.
Turner wrote that he saw Clark look up at him and motion like he was going to lock the door. Turner opened Clark's door to prevent Clark from getting away and to see inside the car.
Clark did not try to lock his doors or try to "avoid apprehension," the complaint alleges. Maurer said his client was minding his own business smoking a cigarette.
"Officer Turner initiated his contact with Mr. Clark by engaging in an unconstitutional search of his vehicle when he aggressively opened his car door," according to the lawsuit.
After greeting Clark, Turner asked if the driver's name was "Willie," to which, Clark replied, "No," the footage shows.
Turner said there's a man by that name associated with the vehicle Clark was sitting in and who is trespassed from the property.
Turner asked for Clark's identification and Clark refused, saying there wasn't a reason for the deputy to look at it.
Clark said he wasn't trespassing and then told Turner his first name, "Josh."
He denied providing his last name after Turner asked for it. He told Clark to hop out of the car and then grabbed Clark's arm, pulling him out of the car, the body cam footage shows.
Turner wrote in the affidavit that Clark did not have to identify himself, but he was not free to leave and told him to step out of the car.
Clark moved to close the door and place the vehicle in gear, Turner wrote, so he grabbed Clark and tried to remove him from the car.
The body cam footage showed Clark grabbing the steering wheel with his right hand, but it was unclear if he did anything with his left hand, which was closest to the door.
"It was unsafe to allow the defendant to remain in the running vehicle," Turner wrote. "He nor the vehicle had been risked for weapons and there was ample room should the defendant place the vehicle in gear to drive onto the sidewalk or back into the patrol vehicle."
Turner physically engaged Clark about 40 seconds after Turner opened the car door.
"You don't de-escalate this situation in any way, shape or form," Maurer told The Spokesman-Review of the video. "And you're the one that in fact escalates everything."
Turner ordered Clark out of the car and said he was under arrest. He told Clark to "stop fighting," the footage shows.
"I'm not fighting," Clark said.
Turner tries to handcuff Clark and then alleges Clark grabbed his neck.
"You're gonna get hit," Turner yells.
"I haven't done anything," said Clark, who screamed during the struggle on the pavement.
Turner wrote that Clark wrapped his arm around his neck, placing Turner in a chokehold.
"He defeated the choke hold and delivered one hammer fist strike to the back of the defendant's head to prevent further assault," Turner wrote.
Maurer disputed the chokehold claim.
Turner cuffs Clark's hands behind his back and again tells him to "stop fighting," the footage shows.
One of Clark's shoes is off on the ground and the other is hanging onto his foot.
A bystander says something, to which Turner replies, "He didn't want to be arrested is all."
"For what?" Clark asks.
The bystander says Clark lives at the complex and asks what the problem was.
"I'm conducting an investigation, all right?" Turner says. "And he decided he wanted to fight with me, so."
"I haven't fought anybody," Clark says. "I was trying to ask you a few questions, officer."
Clark then asks for Turner's name and supervisor.
Turner tells Clark he is being arrested for third-degree assault and takes him to his patrol car.
Turner wrote in the affidavit that Clark banged his own head off the patrol vehicle and kicked his legs up so he couldn't be searched, so Turner took him to the ground.
"I'm trying to stand you up and you're still fighting me," Turner says in the footage, calling him a profane name.
Clark countered that he was trying to ask Turner a question.
Sirens are heard, and two more deputies arrive on scene. A deputy applies leg restraints on Clark.
He was only charged with assault, which a Spokane County Superior Court judge dismissed at the request of the prosecution about five months after the incident, according to court documents.
Meanwhile, the footage shows deputies tying his hands and legs together and hoisting him into the back of Turner's patrol car as Clark screamed.
"They hogtied him and shoved him into the back of the car like he was a significant threat to their safety," Maurer said.
Turner tells a medic Clark didn't complain of any injuries and there was no sign of injuries, according to the footage.
Turner gets into his car about 15 minutes after contacting Clark and took him to jail.
The aftermath
Clark protested his arrest, but never assaulted Turner beyond trying to protect himself from Turner's assault, the complaint says. Instead, Turner exhibited "overly aggressive and unreasonable conduct."
Maurer said the report does not match the video evidence.
"It's just absolutely shocking how inaccurate that report is," Maurer said. "... That's really scary to me, because this whole contact starts with inappropriate, aggressive over-the-top contact."
He said his client will never feel comfortable with law enforcement again.
"We have yet another case of an innocent victim here being wholly traumatized and completely dehumanized," Maurer said.
The complaint is seeking punitive damages and attorney fees.
Timothy Note is also representing Clark.
Turner has been involved in two fatal shootings as a deputy, according to previous Spokesman-Review reporting.
In 2018, he shot and killed 54-year-old suspected kidnapper Richard Bahr after prosecutors say Bahr rammed Turner's patrol car.
Last year, Turner and two other deputies shot and killed 43-year-old Donald Hegel after a Deer Park standoff. Turner was not charged in either shooting.
Turner is also named in a complaint filed last year in the Eastern District of Washington that alleges he rammed the plaintiff's vehicle at a traffic stop and then pepper sprayed the man.
Turner has been featured in a Spokesman-Review story after he successfully revived a 2-year-old girl who had fallen into a backyard pond and was not breathing. Turner was also featured on the A&E television show Live PD.