FORT SMITH -- A jury trial has been set in federal court for a lawsuit filed by a woman who accused multiple officers with the Sebastian County sheriff's office and Greenwood Police Department of using excessive force on her in 2020.
The trial over the suit filed by Tyler Unique McClain, 21, of Tulsa is scheduled to begin at 9 a.m. July 24 in Fort Smith before U.S. District Judge P.K. Holmes, according to a final scheduling order filed Nov. 17. An initial order for the same time was filed Sept. 28.
McClain, who is Black, filed the civil rights lawsuit June 21 against Sebastian County, Sheriff Hobe Runion, Greenwood and Greenwood Police Chief William Dawson, along with seven other named employees of the sheriff's office and Police Department, according to court records. The lawsuit also leaves room to add more defendants if necessary.
The suit asserts that the defendants violated McClain's rights under the U.S. Constitution and Arkansas state law in connection with "the unjustified, excessive, unnecessary, and thereby, entirely unreasonable use of force inflicted upon her."
Answers to the lawsuit filed Aug. 24 and Sept. 28 by the Sebastian County and Greenwood defendants respectively denied the accusations.
McClain lost control of her vehicle while driving near the intersection of Arkansas 10 and U.S. 71 outside Greenwood about 2 a.m. May 14, 2020, according to the lawsuit. She crashed through a fence and stopped about 50 yards off the road. Emergency medical services personnel found McClain lying down, confused and injured next to her vehicle.
After escorting McClain to an ambulance, medics told three of the seven law enforcement officers who arrived on scene that McClain had low blood sugar, which might have caused the crash, the lawsuit states. McClain was "visibly confused and disoriented," refusing offers to drive her home and not understanding the extent of her injuries or the damage to her car.
Two deputies, Brent Smith and Jonathon Outhouse, escorted McClain back to her car to retrieve her belongings, according to the lawsuit. However, McClain was still disoriented in the car and couldn't respond to Smith, who tried to get her attention. Smith grabbed McClain and pulled her out after she didn't respond to his order to get out, causing her to fall to the ground, the lawsuit states.
The lawsuit states Smith and Outhouse then began handcuffing McClain, prompting her to ask why she was being arrested. Smith reportedly responded that it was due to McClain not complying with his requests. Other law enforcement officers went to assist Smith and Outhouse after she started screaming for help.
Smith and Outhouse used their knees to keep McClain pinned to the ground on her stomach after unsuccessfully trying to get her to sit up, the lawsuit states. McClain's legs were shackled after a law enforcement officer who wasn't identified accused McClain of attempting to kick those present even though she hadn't, the lawsuit says.
Outhouse and Smith dragged McClain by her arms to a patrol vehicle, her head forced into a low position, according to the lawsuit. McClain was unable to move her legs to get herself into the back seat. Another deputy, Nick Tuttle, used a stun gun without warning, the lawsuit says. She was eventually able to crawl inside.
Smith took McClain to a hospital, although McClain said she wanted to go home and find her dog, which law enforcement left at the scene of the crash, according to the lawsuit. She was arrested on suspicion of two counts of second-degree battery, obstruction of governmental operations, resisting arrest and disorderly conduct, although the charges were later dropped.
The lawsuit also names Greenwood police officers Jason Fuller and Tanner Mathis and deputies only identified as "Trotter" and "Curry" as responding officers to the incident.
Philip Pevehouse, spokesman for the sheriff's office, provided a statement in February asserting that McClain refused to be taken to a hospital after the crash and was uncooperative with deputies who spoke with her and tried to find someone to pick her up. However, they knew they couldn't leave her there and felt she couldn't drive given the medical issue she was experiencing.
McClain also refused to get out of her car after being allowed to retrieve personal belongings, the statement said. Deputies removed McClain from the vehicle when she didn't respond to their requests to get out, and McClain kicked one of them, the statement said. She was then restrained.
"She was taken to a patrol unit and refused to get in the vehicle," the statement said. "Deputies asked for her cooperation numerous times. A Taser in the 'drive stun' mode was used, and McClain complied. Deputies again called for [medical personnel] to check McClain out and she was uncooperative again. McClain was also taken to Baptist Health to be seen, but she again refused."
A deputy afterward found, caught and returned the dog to McClain. Runion reviewed the reports and available video related to the incident and initiated the following directives:
• A review of the sheriff's office's use of force and stun gun policy. The revised policy is reportedly "reflective of best practices in accordance with state and federal law."
• A debriefing for the deputies involved. The lessons learned were meant to be shared with all other enforcement deputies.
• Mandatory classroom training on the use of force and stun gun policy, which included the use of de-escalation techniques.
• Disciplining for the deputies involved in accordance with department policy.