Suits filed against city, Hernando Police Dept.
Allege misconduct, pattern of abuse
Memphis attorneys have filed two separate lawsuits against the City of Hernando, the Hernando Police Department, police Chief Scott Worsham and police officer Lynn Brown, alleging police misconduct and a pattern of abuse and failure to enforce policy within the department.
The most recent case is brought by Adrian Hoyle, alleging that on Sep. 3, 2020, Brown, while off-duty, pursued Hoyle for running a red light with no other suspicions. Dash cam footage obtained by Boyle’s attorneys, Martin Zummach and Murray Wells, shows that, once stopped, Hoyle began to step out of the vehicle with his hands in the air before a K-9 dog was released to attack him. Brown and another office then physically beat Hoyle while the K-9 is still hanging onto his leg.
The amended complaint in the case states that Hoyle received eight stitches at Baptist Desoto Hospital for a “dog puncture” and “tearing wounds” and was prescribed pain medication before being taken to the City of Hernando Jail and Desoto County jail. He received no further medical treatment and was required to purchase Tylenol from the jail commissary at his own expense, his lawyers said.
The second lawsuit was brought by the mothers of Jesse White and Kristopher Ford, two men who died in a car wreck in July 2019 after being pursued by Brown. According to the lawsuit, Brown continued the chase even after it was called off for excessive speed and a threat to public safety. The suit claims that Brown used a maneuver to try to stop the car, causing the crash.
Attorneys representing the City of Hernando, the police department and two officers have, in turn, filed documents to dismiss both cases. In both cases, they claim that the defendants are “entitled to sovereign immunity and qualified immunity.”
Currently, both defendants and plaintiffs are awaiting a judge’s ruling on the validity of the defendants’ claim. Discovery cannot start until the judge’s ruling.
The Federal Bureau of Investigation has opened an official investigation into the use of force by the Hernando Police Department versus Hoyle, the police department confirmed last week to Local24.
Brown has been placed on desk duty for the duration of the investigation, the department confirmed in the Local24 report. Hernando Police officials could not be reached to comment.
Hoyle is seeking damages of $5 million for serious physical and mental injuries and $5 million in punitive damages. The White case is seeking $3 million to each family for the loss of their sons and $12 million in punitive damages, along with $25,000 for funeral expenses.
“We’re asking for money. We obviously want to sanction this and make this so expensive for the city that they train their officers, they check their officers, they do the right things from now on because they don’t want to lose their budget,” Wells said. “Yes, so we are seeking monetary, but, more importantly, the mothers want this officer not to be on the streets. That’s what they ask for. That’s what they’ve said since day one, that this officer is harmful to the community, that he’s not protecting, he’s hurting.”