Federal Lawsuit Claims Excessive Force in Bella Vista Arrest

FAYETTEVILLE -- A Bella Vista man sued the city and two police officers in federal court Wednesday alleging they used excessive force while wrongfully arresting him about three years ago.

Paul Bembry III contends he received a call from his wife's cell phone on May 13, 2012, and a Bella Vista police officer told him he needed to come home immediately. Bembry rushed home and was met by at least seven Bella Vista police officers who approached him with stun guns drawn and shouting at him, according to the lawsuit.

Bembry claims he put his hands in the air and tried to ask about the nature of the phone call, but was immediately zapped and pinned on the ground. Within 40 seconds he was zapped again, according to the lawsuit.

Later, it was learned Bembry's wife had reported he battered her more than 13 hours earlier, according to the lawsuit. Police had no warrant for Bembry's arrest.

Bembry contends he was struck twice in the head, cuffed at the wrists and ankles and taken to jail, according to the lawsuit. He claims several personal belongings weren't returned to him when he was released from jail.

"At no time was it reasonable for any of the defendants to touch the plaintiff. There was no lawful reason for the use of any physical force or the tazing of Mr. Bembry. The use of the Taser gun was unreasonable and solely used to inflict pain and suffering on Mr. Bembry and for no legitimate purpose," according to the lawsuit. "The plaintiff did not use, nor threaten the use of, any force against the defendants. The arrest was illegal and violated Arkansas and federal law."

The lawsuit, filed in U.S. District Court in Fayetteville by Westbrook Doss, claims Bembry's constitutional rights of due process and reasonable search and seizure were violated. He makes claims for battery, excessive force, unlawful detention and false arrest.

The lawsuit names the city and officers David Lopez and Justin Green. It seeks actual and punitive damages.

NW News on 05/14/2015

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