Louisville, Kentucky Jury Awards $814 in Federal Civil Rights

In September 2016, an officer with Kentucky Commercial Motor Vehicle Enforcement initiated a traffic stop of a commercial driver on Outer Loop in Louisville, Kentucky, for an alleged seatbelt violation. The plaintiff, a union steward for the commercial driver’s employer and a congressional candidate, approached the scene, believing he could offer assistance. After the officer issued a citation, the plaintiff verbally expressed his disapproval to the officer.

Shortly thereafter, the officer stopped the plaintiff's vehicle in a convenience store parking lot, alleging the plaintiff made an improper hand signal. During this second stop, the plaintiff began recording the encounter on his phone. The officer reached into the plaintiff’s vehicle to seize the phone, tearing the plaintiff's shirt in the process. The officer then pulled the plaintiff from his car and arrested him. The plaintiff was charged with improper turn signal, resisting arrest, and felony assault, and was detained for 14 hours, during which he was exposed to pepper spray. All criminal charges were later dismissed.

The plaintiff filed a federal lawsuit, alleging the officer unlawfully stopped him, retaliated against him for his earlier speech, unreasonably seized him and his phone, arrested him without probable cause, used excessive force, and engaged in malicious prosecution. The plaintiff contended the officer acted out of rage and retaliation. The officer asserted the second stop was for an improper signal and that the plaintiff resisted during the encounter.

Following a three-day trial in Louisville, the jury found in favor of the plaintiff on claims of unlawful stop, retaliation for speech, unreasonable seizure, and malicious prosecution. However, the jury found for the officer on the claims of arrest without probable cause and excessive force. The plaintiff was awarded $813 in compensatory damages and $1.00 in nominal damages. The jury declined to award punitive damages. The plaintiff was expected to seek attorney fees.