Excessive force claims dropped

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

Bella Vista police denied all allegations of wrongdoing and had motions to dismiss pending.

Paul Bembry III contended he received a call from his wife’s cellphone 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 contended 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.

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

The lawsuit named the city and officers David Lopez and Justin Green. It sought actual and punitive damages.

The lawsuit could be refiled at a later date.

Bembry