Federal lawsuit filed against Arkansas law officers

A civil case against three Arkansas law officers caught on video beating a man during an arrest in Mulberry has now been filed in federal court in Fort Smith.

Attorney David Powell of Fort Smith filed the civil rights lawsuit on behalf of Randal Ray Worcester, 27. Worcester was beaten by three law officers during an arrest Sunday, Aug. 21 after he allegedly threatened a store clerk in Alma in Crawford County.

Two Crawford County Sheriff's deputies, Zack King and Levi White, and Mulberry police officer Thell Riddle, who are named as defendants in the civil lawsuit, have each been suspended from their departments since the arrest.

Gov. Asa Hutchinson has called the arrest caught on video by a passerby as "reprehensible." A rally for civil rights was held Saturday at the Crawford County Courthouse. Other experts have said the arrest appeared to be a case of excessive force. The U.S. Department of Justice and the Arkansas State Police have opened investigations into Worcester's arrest.

More:Sheriff defends suspended deputies in beating arrest case

Late Monday, Aug. 29, the civil lawsuit alleging the law officers used excessive force during Worcester's Aug. 21 arrest was filed in the U.S. District Court for the Western District of Arkansas in Fort Smith. The civil lawsuit requests a jury trial.

Worcester has been released from the Crawford County Jail after posting $15,000 bail on complaints of making threats against the Alma convenience store clerk. Powell said he will work toward having any criminal charges filed against Worcester dismissed.

Attorney Adam Rose, who is also representing Worcester, said a response will be made from the defendants within 20 days.

Other defendants named in the lawsuit include the City of Mulberry, the Mulberry Police Department, Mulberry Police Chief Shannon Gregory, Crawford County Sheriff's office, Crawford County, and Sheriff Jimmy Damante.

The lawsuit asks the court for relief for Worcester's medical bills and punitive damages. An amount requested is not listed in the lawsuit petition.

The lawsuit alleges negligence, assault, excessive force, and battery against Worcester by the law officers.

Russell Wood, an attorney representing the Crawford County deputies, said White was knocked unconscious when Worcester tackled him before Worcester was arrested.

According to the complaint filed in the lawsuit, Worcester was riding his bicycle to his home in South Carolina on Sunday, Aug. 21.

The lawsuit alleges Riddle was dispatched to the Kounty Xpress gas station located at 1107 Georgia Ridge Drive in Mulberry. Riddle called for back up from the Crawford County Sheriff’s Department and King and Whiteresponded.

Worcester was was riding his bike down the road when the law officers followed him for a short distance, and then made a traffic stop.

Worcester got off his bike as the officers approached. Worcester had a small pocketknife in his pocket but immediately gave it to the officers, the lawsuit states.

"Without provocation, defendant White aggressively attempted to put Mr. Worcester’s arms behind his back in an effort to handcuff him, without stating any reason for doing so. At no time did the defendant/officers inform Mr.Worcester of his Miranda rights when being handcuffed," the lawsuit states.

Officers used violent, excessive force pinning Worcester's hands and arms behind his back.

Officers repeatedly punched, kicked, and kneed Worcester in the face, head, back, stomachand legs as seen on video that was posted on social media.

"At one point, defendant White picked up Mr. Worcester by the head and slammed his face and head into the concrete pavement. Mr. Worcester attempted to protect himself during the defendant/officers’ physical assault, but to no availas the defendant officers had him pinned to the ground," according to the lawsuit.

Law officers did not use de-escalation tactics or subdue Worcester with a Taser or pepper spray.

"Such force used by the defendant officers, individually and in their official capacity, was in excess of any force required to take Mr. Worcester in custody and maintain him in custody, was grossly out of proportion to any need for the use of force," the lawsuit alleges.

The law officers, "acted with malice and/or reckless disregard for whether Mr. Worcester’s rights would be violated bytheir actions."

Worcester has suffered serious bodily harm due to the excessive force used by the officers, the lawsuit alleges.

Russell Wood, an attorney who represents the Crawford County deputies, said Worcester is seen on video charging White and tackling him, causing White to hit his head on the pavement and suffer a concussion before Worcester was arrested.

Wood was unaware of the federal lawsuit when contacted Tuesday afternoon.

“I have no knowledge about a federal lawsuit.  However, I will vigorously defend the lawsuit like I do every lawsuit against my law enforcement clients," Wood said.

This article originally appeared on Fort Smith Times Record: Federal lawsuit filed against Arkansas law officers in beating arrest