FAYETTEVILLE — A Springdale man has sued police in federal court claiming his civil rights were violated when he was battered and arrested without cause last year.
Johnny Ray Balentine is seeking $250,000 in actual damages, plus unspecified punitive damages, from Officers Kristopher Arthur and Chad Wilson, Chief Kathy O’Kelley, Mayor Doug Sprouse the city and City Attorney Jeff Harper.
Balentine’s lawsuit makes claims for excessive force, assault and battery. The suit claims Balentine suffered severe and permanent injuries that caused him to fear for his safety and resulted in apprehension, depression and consternation.
Jason Jouett, Balentine’s attorney, said Friday he sent two letters to the city and received no response.
“Our correspondence to the city of Springdale and officials and the officers involved went unanswered and so we felt the only way to seek justice was to file this lawsuit,” Jouett said. “We’ll hope that plays out.”
City officials did not comment on Balentine’s claims Friday.
“We have not yet seen the lawsuit,” Harper said, “But, we will vigorously defend the city against its allegations.”
In March, a Washington County Circuit Court jury took 30 minutes to acquit Balentine of battery.
Balentine got hit on the head with a flashlight, zapped with an electric stun gun, handcuffed and hauled off to jail after his mother called Springdale police to their home to quell an argument last year. Adding insult to injury, Balentine was charged with battering a Springdale police officer.
Balentine was arrested after he refused leave a bedroom at the apartment he shared with his mother, Pamela. Police said Balentine was the aggressor, tackling Arthur and trying to take away his gun. Arthur said his back was injured and he got a scrape on his wrist in the tussle.
A second officer, Chad Wilson, zapped Balentine with a stun gun and was cuffing him when Pamela Balentine entered the fray to protect her son by grabbing the stun gun, according to testimony. She was zapped, cuffed and arrested, too.
The defense argued Balentine was within his rights when he refused Arthur’s request to go outside and talk because he hadn’t done anything wrong. They maintained Arthur over-reacted to the situation.