FILED

Case 2:17-cv-00158-TMP Document 1 Filed 01/31/17 Page 1 of 8

2017 Feb-01 AM 07:58

U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRENDA RIVERS,
an individual,

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Plaintiff,
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v.
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Civil Action Number:
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COREY LENARD, an individual, and
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CITY OF HOMEWOOD POLICE
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DEPARTMENT,
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Defendants.
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__________________________________________________________________
COMPLAINT
__________________________________________________________________
COMES NOW the Plaintiff, Brenda Rivers, by and through undersigned
Counsel of record, and complains of the Defendants as follows:
(Parties, Jurisdiction and Venue)
1.

All paragraphs, allegations, counts, and prayers for relief herein are to

be incorporated in and read together with all others.

2.

Plaintiff Brenda Rivers (hereinafter Plaintiff or Rivers) is over the

age of nineteen (19) years and a resident citizen of the State of Alabama.
3.

Defendant, Corey Lenard (hereinafter Defendant Lenard), is over

the age of nineteen (19) years and a resident of the State of Alabama.

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4.

Defendant, City of Homewood Police Department (hereinafter

Defendant Homewood), is a police department in the City of Homewood in the

State of Alabama.
5.

The term defendant used herein refers to each and all defendants. At

all times relevant herein, the defendants acted alone and/or in concert with other
defendants or others, are liable to Plaintiff jointly and severally, and all actions and
conduct herein described proximately caused or contributed to the injuries
sustained by the Plaintiff.
6.

At all times relevant herein, all defendants which are corporations or

legal entities, acted through agents, employees, and officers, who were acting
within the line and scope of their agency or employment or authority; the acts and
conduct of said persons were at all times ratified and approved by defendants, and
done for the benefit of defendants.
7.

The actions, inactions and/or events giving rise to the Plaintiffs

claims occurred wholly within the geographical boundaries of Jefferson County, in

the State of Alabama.
8.

This action involves alleged violations of federal law and therefore

invokes federal subject matter jurisdiction. All other claims, including those based
in state tort law, are properly brought pursuant to this Courts ancillary jurisdiction.
9.

Jurisdiction and venue are proper in this Court.

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COUNT ONE
(Deprivation of Civil Rights 1983 Claim)
10.

Plaintiff adopts and alleges each and every paragraph above as if fully

set forth herein.

11.

On or about December 1, 2016, Rivers was lawfully present at the

Wal-Mart Supercenter located at 209 Lakeshore Parkway, Homewood, Alabama

35209. Unbeknownst to Rivers, law enforcement officers from the City of
Homewood Police Department were in pursuit of a suspect in Wal-Mart who stole
the wallet of a customer while in the store.
12.

Plaintiff alleges that while she was in Wal-Mart, she was approached

by law enforcement officers of the Defendant City of Homewood Police

Department who asked to search her purse.
13.

Plaintiff told the law enforcement officers that they could not look in

her purse and that she was then arrested for failure to comply.
14.

Plaintiff further alleges that one of the law enforcements officers

slammed Rivers to the ground or otherwise made physical contact with her. Upon
information and belief, the law enforcement officer committing these acts was and
is Defendant Lenard.
15.

Defendant Lenards actions have deprived Rivers of her

Constitutional and civil rights. Specifically, Defendant Lenard violated the

Plaintiffs Fourth Amendment rights against an unreasonable search and seizure as
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there existed no valid and supportable probable cause or reasonable suspicion that
the Plaintiff had committed a crime. Additionally, Defendant Lenard violated the
Plaintiffs Fourth Amendment rights by using excessive force against the Plaintiff
on or around December 1, 2016. Further, Defendant Lenard violated the Plaintiffs
Fifth Amendment rights to due process. As a result of said Constitutional and civil
rights violations, the Plaintiff has sustained the following injuries:

16.

a.

Plaintiff sustained physical injuries;

b.

Plaintiff was caused to suffer physical pain, mental anguish and

emotional distress;

c.

Plaintiff was caused to seek medical treatment, and was

prevented from going about her normal activities due to her
injuries;

d.

Plaintiff was unlawfully searched, detained and falsely

imprisoned;

e.

Plaintiff was caused to incur medical expenses to treat and cure

her injuries; and

f.

Plaintiff was caused to be injured and damaged, all to her

detriment.

Plaintiff alleges that the actions of the Defendant deprived Rivers of

her Constitutional and civil rights and, consequently, proximately caused the
injuries as set forth herein.
17.

At all times material hereto, Defendant Lenard was in the line and

scope of his employment with the City of Homewood.

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WHEREFORE PREMISES CONSIDERED, the Plaintiff claims of the

Defendant punitive and compensatory damages in an amount in excess of the
jurisdictional requirements of this Court, said amount to be determined, plus costs.
COUNT TWO
(Excessive Use of Force)
18.

Plaintiff incorporates herein by reference the relevant, consistent

statements, and claims of the preceding paragraphs as if included herein.

19.

Defendants City of Homewood Police Department, Lenard (in his

Individual and Official capacity), and all other named Defendants deprived Rivers
of her rights, privileges, and immunities secured by the Constitution of the United
States, the laws of the United States, the Constitution of the State of Alabama, and
the common law of the State of Alabama through their unreasonable and
unprovoked punishment in the form of assault and battery and use of excessive
force upon Rivers, inflicting serious and painful bodily injury.
20.

Defendants acted under the pretense and color of law. However,

Defendants actions were beyond their authority, beyond the scope of their
jurisdiction, and without the authority of law.
21.

Defendants knowingly, willfully, and with specific intent deprived

Rivers of her Constitutional right of freedom from unreasonable seizure of her

person.

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22.

Defendants lacked reasonable suspicion or probable cause to attack

and assault Rivers. Defendants use of force was excessive, unskillful, unlawful,
and unreasonable.
23.

After the Plaintiff was approached by the law enforcement officers to

search her purse, Rivers indicated to the Defendants she had just entered the store.
After Rivers was arrested and slammed to the ground, the shopper who had her
wallet stolen identified that Rivers was not the person who stole the wallet. The
Defendants continued to keep Rivers in handcuffs on the floor under arrest.
24.

Instead of providing safety to Rivers, who told the Defendants she had

just walked into the store, Defendants assaulted Rivers without reason or
provocation.
25.

Rivers required medical treatment as a result of said assault.

26.

Independent eyewitnesses observed the attack on Rivers as described

herein.
27.

As a direct or proximate result of Defendants conduct and actions,

Defendants deprived Rivers of her rights, privileges, and immunities secured by

the Constitution and laws of the United States, the Constitution of the State of
Alabama, and the common law of the State of Alabama.

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28.

As a direct or proximate result of Defendants conduct and actions,

Defendants caused Rivers to endure pain and suffering, bodily injury, mental
anguish, emotional distress, embarrassment, shame, and humiliation.
WHEREFORE PREMISES CONSIDERED, Plaintiff prays that
Defendants be cited to appear and answer herein and upon final hearing hereof, be
granted Judgment against the Defendants for the damages described above in an
amount in excess of the jurisdictional requirements of this Honorable Court; costs
of Court; prejudgment interest; post-judgment interest; attorney fees; legal fees;
compensatory damages; and all other relief to which Plaintiff may show herself
justly entitled.
Respectfully submitted,
/s/D. Brett Turnbull
D. Brett Turnbull (ASB-2569-d43t)
Attorney for Plaintiff
Cory Watson Attorneys
2131 Magnolia Avenue S, Suite 200
Birmingham, Alabama 35205
Telephone: (205) 328-2200
Facsimile: (205) 324-7896
E-Mail: bturnbull@corywatson.com
/s/Tyrell F. Jordan
Tyrell F. Jordan (ASB-7256-r81j)
Attorney for Plaintiff
60 Chelsea Corners, #124
Chelsea, Alabama 35043
Telephone: (205) 561-0024
Facsimile: (205) 561-0023
E-Mail: tfj@tfjlaw.com
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TO CLERK: PLEASE SERVE DEFENDANT VIA CERTIFIED MAIL:

City of Homewood Police Department
1833 29th Avenue South
Homewood, Alabama 35209