Southeast Missouri man awarded damages in police abuse case

A federal jury in Cape Girardeau awarded $35,000 in damages to a Holcomb man who they found had his civil rights violated by two Dunklin County officers during a 2006 traffic stop.

After about two and a half hours of deliberation, the six-person jury unanimously returned a verdict in favor of Herman Taylor against former Dunklin County deputy and now Malden police chief Jarrett Bullock and former Clarkton police officer Derek Lawrence for "violation of Mr. Taylor's Constitutional rights," said Taylor's attorney, Danny Moore of Poplar Bluff.

In addition to the monetary damages, the court later will decide what attorney fees will be awarded to Taylor, said Moore.

The case stemmed from an incident in which Taylor was arrested just outside the Clarkton city limits on June 10, 2006, Moore said.

"During the arrest, Mr. Taylor was Maced and struck by Bullock, which caused a three-day hospitalization," Moore said.

Taylor, according to Moore, was stopped for allegedly rolling through a stop sign on a gravel road in rural Dunklin County.

"He was forced to the ground at gunpoint and handcuffed," Moore said. "Then, (Taylor's) version is before putting him in a patrol car, he asked them to wait until someone could come get his personal property."

Taylor, who had been convicted of assault and a drug charge previously, "knew that going to jail, he might not get his personal property back," Moore said.

Taylor's request, Moore said, "simply enraged Bullock, who Maced him, knocked him to the ground and repeatedly kicked him while he was handcuffed."

At that time, Moore said, his client was wearing a leg brace in preparation of having total knee replacement surgery "very soon, and he just had shoulder surgery, so one arm was pretty useless."

Taylor was held for 24 hours and then released on traffic tickets, Moore said. "He was never charged with assault on a police officer or resisting arrest," he said.

After his release, Moore said, Taylor's wife took him to the hospital in Piggott, Ark., which was where their family doctor practiced.

Moore said Taylor was suffering from a fractured rib and bruised heart and liver.

"His doctor (testified) that would have to be blunt force trauma to cause those types of injuries," Moore said.

Also testifying on Taylor's behalf were two "independent witnesses," who were at nearby house and saw what happened, Moore said.

According to Moore, the officers, who were represented by an insurance company attorney, had two defenses.

"One, this really didn't happen and two, if it did happen, this was not excessive force," Moore said.

Lawrence and their "independent witness, who is now a police officer at Malden working directly under Bullock, ... had trouble testifying along the same lines as their depositions," Moore said. "They had very little explanation as to why their testimony had changed."

The jury, Moore said, found Lawrence "liable for his failure to intervene and try to stop (Bullock)."

Moore believes the jury sent a message with its verdict.

"I think it's neat that people in Southeast Missouri are going to stand up for the civil rights of everyone," including the economically disadvantaged and those who have had trouble with the law in the past, Moore said.

"Everyone is equal when you get to the courthouse," he said. "That's what really won the case for Herman Taylor. The jury realized that."

If the rights only applied to college graduates or someone with a good job, then "no one has got rights," Moore said. "Either you protect everyone or nobody; I think that's the message these jurors wanted to send."