Lawsuit claims bodycam video shows officer assaulting woman who refused to show ID in her home
A 40-year-old Alabama woman filed a federal suit against the City of Andalusia after she called 911 on her neighbors and said a police officer then "unlawfully entered" her home and "physically assaulted" her in front of her 18-year-old son.
Twyla Stallworth alleges on Feb. 23 that John G. Barton, an officer with the Andalusia Police Department, assaulted her son, Jermari Marshall, before barging into her home and assaulting her, according to the complaint filed Wednesday in the Middle District of Alabama.
Stallworth said Barton used "excessive force" before unlawfully arresting and imprisoning her, the suit says. The officer's actions stemmed from Stallworth "lawfully" refusing to show him her driver's license, the complaint continued.
"As a result of this incident, Ms. Stallworth suffered humiliation, embarrassment, physical injuries, and loss of freedom," according to the suit. "... Both Ms. Stallworth and Jermari now suffer from mental anguish and loss ofenjoyment of life."
Barton went to Stallworth's home on the day of the incident after she called police multiple times to complain about a neighbor who was playing his music too loudly in the neighborhood, according to a news release from civil rights attorney Harry Daniels' office.
USA TODAY contacted the City of Andalusia's communication director and police chief but did not receive a response.
What does Twyla Stallworth want from the lawsuit?
Stallworth is seeking compensatory and consequential damages, economic losses caused by the incident, punitive damages and special damages in an amount to be determined at trial, the suit says.
"I'm emotionally unstable at this point," Stallworth told USA TODAY on Friday. "I've been through a lot in my life... but something about this has really traumatized my mental. I can't stop crying about it."
Stallworth said she hopes the suit will elicit "changed behaviors, changed mindsets, changed perspectives (and) changed perceptions" about race.
"Change the way that we see someone, they're not the color of their skin but they are mind, body, soul and spirit," she said. "They are not their race, they are somebody... equality and justice for anybody."
'I can't watch the video'
While Stallworth was getting arrested and assaulted, Marshall was filming the entire incident on his phone, Daniels told USA TODAY.
As of Thursday, Stallworth said she or her son "can't watch the video."
Daniels said Barton had "complete disregard" for Marshall who saw his mother be "thrown down on the couch" and unlawfully arrested.
"He begged and pleaded for his mom to just cooperate because he's seen the videos (and) he's seen the hashtags," according to the attorney.
Twyla Stallworth 'was not suspected of committing a crime,' suit says
Stallworth maintains that before Barton handcuffed her she "was not suspected of committing a crime," according to the complaint.
Although no crime was suspected, Stallworth "was illegally placed in handcuffs and abducted from her homein the presence of her neighbors and son then transported to the Covington County Jail," the suit says.
"While, at the Covington County Jail, Ms. Stallworth was subjected to a humiliating mugshot and degrading strip search," according to the suit.
Stallworth claims to have been unlawfully imprisoned for over 15 hours, the suit says. She was subsequently given a $3,035 bond and charged with obstruction, resisting arrest and eluding, the complaint continued.
Stallworth receives an apology from Andalusia’s mayor
Stallworth received a statement from Andalusia’s Mayor Earl Johnson on March 8 apologizing for the arrest.
"On behalf of the City of Andalusia and the Andalusia Police Department, I would like to apologize to Twyla Stallworth for her arrest in February," Johnson's statement said. "All charges against Ms. Stallworth are being dropped. The arresting officer has a clean record with our department, but he made a mistake in this case on February 23rd. He has been disciplined for failing in his duty to know the law."
Also in the statement, Johnson said he offered to meet with Stallworth after learning about the incident, but she declined the invitation. The mayor continued to say that Stallworth's attorney's claims of the arrest being "racially motivated" were not evident based on reviewed body cam footage of the incident.
"We have always worked hard in Andalusia to maintain great relationships among our diverse populations," according to Johnson.
The city reviewed other claims Stallworth made about police not responding to complaints she reported about her neighbor's noisiness, which Johnson said were untrue.
In Johnson's apology, he did not elaborate on how Barton was disciplined.
City of Andalusia agrees to give additional training to police department
To ensure similar incidents don't occur in the future, Johnson said the city has agreed that the "entire department will receive additional training on Constitutional law, the laws of the State of Alabama, and the City of Andalusia’s ordinances," according to the statement.
In response to Johnson's apology, Daniels said "I'm sorry don't work here."
"You got to have accountability," the attorney said. "Accountability is the ultimate apology."