‘Compliant' Black man was handcuffed as Alabama police tased him, video shows. He sues
A multi-million dollar lawsuit has been filed against an Alabama city on behalf of a man who attorneys say was tased by a police officer while in handcuffs.
The lawsuit — filed against the City of Reform, Officer Dana Elmore and Deputy Jody Elmore — references a viral video that shows Micah Washington in tears after being tased by Dana Elmore, WBMA reported.
Dana Elmore approached Washington, Jacorien Henry and Washington's brother, who was 16-years-old at the time, with 'excessive force' and 'deliberate indifference' before wrongfully detaining, arresting and prosecuting them, according to a Jan. 28 news release by the law firm representing the plaintiffs.
'My clients are clear victims of police misconduct, racial bias, and systemic racism. They were targeted for simply existing as African American men,' Maxwell Tillman attorneys said in the release.
McClatchy News reached out to the City of Reform Mayor's Office, the Reform Police Department and the Pickens County Sheriff's Office Jan. 29 but did not receive an immediate response.
Washington tased twice
According to the lawsuit, the men were changing a tire Dec. 2, 2023, on the shoulder of a road in Pickens County not far from their aunt's house where they were headed.
The men initially thought Dana Elmore was approaching them to help with the flat tire, but instead she 'angrily' demanded to see their identification, attorneys said.
While complying with Dana Elmore's requests, Washington began recording the interaction on his phone, according to the lawsuit. Then, attorneys say Dana Elmore used her taser on Washington and demanded he get on the ground.
In shock, Washington cried out, 'I have never been shot before!' the lawsuit said.
'Why do you have your feet on my back? I'm not even doing anything. We are out here changing a tire!' Washington said to Dana Elmore while pleading for her to stop, according to the lawsuit.
At that point, Henry, who was not instructed that he was being detained, ran to Washington's aunt's house to get help, and Washington's teen brother — who McClatchy News is not naming due to his age — began to record, attorneys said.
The video captured by Washington's brother shows him being tased a second time while 'handcuffed, unarmed and completely compliant,' attorneys said.
Dana Elmore then called her husband, Pickens County Sheriff's Deputy Jody Elmore, as back up and the two detained Washington and his brother before running to the aunt's house and detaining Henry, according to the lawsuit.
Charges and bond
Washington was booked into the Pickens County Detention Center on charges of obstructing governmental operations, resisting arrest, marijuana possession, ex-felon in possession of a firearm and drug trafficking fentanyl, according to the lawsuit. His bond was set at $505,000.
But Washington is not a felon and did not possess fentanyl, attorneys said. The Pickens County District Attorney's Office dismissed the drug trafficking and ex-felon in possession of a firearm charges shortly after, according to the lawsuit.
Henry was also booked into the detention facility on charges of resisting arrest, attempting to elude, marijuana possession and drug trafficking fentanyl, the lawsuit said. All of Henry's charges were dropped.
'We fully expect the remaining charges against Mr. Washington to be dismissed as well,' attorneys said in the release.
Accountability for incident
According to the release, Dana Elmore and Jody Elmore were placed on paid administrative leave, but the attorneys argue this isn't enough. The current employment status of the Elmores is unclear.
Washington, his brother and Henry suffered physically, mentally, financially and emotionally due to the incident, according to the lawsuit.
Washington and Henry have experienced signs consistent with post traumatic stress disorder, and Washington's brother was diagnosed with anxiety, the lawsuit said.
Washington has also experienced problems finding jobs because of the criminal charges still on his record, attorneys said.
The lawsuit is asking for $20 million in damages, fees and relief as determined by the court.
'We will not stop relentlessly pursuing justice for Micah Washington, Jacorien Henry and (Washington's brother) until every party responsible is held accountable for their injuries,' attorneys said.
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