02-04-2025
City attempts to dismiss latest filing in suit surrounding officer allegedly turning off body cam during airport arrest suing excessive force: Docs
CHARLOTTE, N.C. (QUEEN CITY NEWS) — The couple at the center of a lawsuit arguing a Charlotte-Mecklenburg Police officer used unjustified, excessive force during an airport arrest opposed the city's motion to dismiss the latest filing in the case.
The suit against Lowery and the city is based on the Second Amended Complaint (SAC) stemming from the March 2020 arrest of Michael Kernea at the Charlotte-Douglas International Airport. He was charged with disorderly conduct and resisting a public officer, but court documents show the legal team serving Kernea and his wife Christy argue that CMPD Officer Lee Lowery had turned off his bodycam during the incident.
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The case is being handled in the Western District Court of North Carolina in Charlotte.
Durham-based attorney Nichad Davis claims that not only did Lowery use excessive force but criminal charging documents indicate Lowery presented false statements to the Mecklenburg County magistrate, attempting to cover his 'malicious and brutal acts against Mr. Kernea, believing that there would be no other evidence to demonstrate his blatant reckless actions.'
However, the airport's video surveillance was captured showing an alleged 'malicious cover-up' by Lowery.
Court documents demonstrate that the night of the arrest, Lowery reportedly observed Kernea sitting on a stool near the 1897 Market, and accused him of not returning the stool to its correct position. Kernea told Lowery it was not his responsibility to move the stool to its proper location.
The legal team claims Lowery was allegedly being aggressive, yelling at Kernea's face to move the stool, and eventually punching him in the face. The officer then grabbed Kernea by the waist, lifted him into the air, and slammed him to the ground, crushing his shoulder, face, and upper extremities to the concrete floor.
Lowery then proceeded to arrest Kernea, causing him to plead to loosen the handcuffs since he allegedly experienced his circulation being cut off.
Court documents say Christy Kernea witnessed the incident and has suffered severe emotional distress after witnessing the alleged attack and violent arrest.
Between April and June 2020, following an investigation of the incident and subsequent discovery of Lowery's conduct that was caught on surveillance, the criminal charges against Kernea were all dismissed by the Mecklenburg County district attorney.
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In a May 2020 report, CMPD's Internal Affairs Bureau concluded that the use of force upon Kernea was not justified.
On Monday, the Charlotte City Attorney's office claimed their motion to dismiss should be granted. Officials say that years into this litigation, the plaintiffs allegedly rewrote their entire complaint over the city's objection, only after having sought permission from the court to add allegations about emotional distress.
'Even if any of Plaintiffs' claims would have otherwise survived, the court would be justified in striking the (SAC) for failing to comply with its previous order,' it reads.
A week before, the Kerneas' legal team says the city's motion to dismiss should be denied, citing Fourth Amendment and North Carolina law. Further, they argue that the claims against Lowery in his official capacity are not duplicative and establish causes of action against Lowery and the city — who has waived immunity from the suit.
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