Suit filed in ’11 police scuffle, arrest

Little Rock police are so poorly trained in appropriate use of force that a federal judge should intervene, a man whose arrest by an off-duty officer was broadcast over the Internet claims in a federal civil-rights lawsuit against the officer, the police chief and the city.

Jon Christopher “Chris” Erwin’s scuffle with and arrest by Lt. David Hudson at Ferneau, now called Rocket Twenty One Restaurant, were recorded on a cell phone. The encounter with Hudson, who was working security at the Kavanaugh Boulevard restaurant, left Erwin bruised and bloody.

Erwin, 41, and Travis Blake Mitchell, 45, a friend who was arrested with Erwin, filed suit Friday, almost one year after the Oct. 29, 2011, altercation.

Misdemeanor charges against the Little Rock men were dismissed.

In the 23-page complaint by attorneys Erin Cassinelli and Keith Hall, the plaintiffs claim they were the victims of excessive force, false imprisonment, assault and battery, and malicious prosecution.

The men also accuse Police Chief Stuart Thomas and the city of Little Rock of deliberately tolerating excessive force by police. The suit is seeking not only financial damages, but also an injunction against the defendants from U.S. District Judge James Moody.

The criminal charges against the men were dismissed in March because of “willful violations” of court orders by the police chief and city involving prior excessive force complaints against Hudson, according to the lawsuit.

Hudson had no legal justification for a “physical attack” on Erwin that was “completely unjustified, a grossly excessive use of force and an abuse of police power,” the suit states.

“Defendant Hudson’s actions were malicious, willful, wanton deprivations of plaintiff’s rights, shocking to the conscience of ordinary citizens, and are sufficiently egregious to justify an award of punitive damages,” the lawsuit states.

“Defendants Thomas and the City of Little Rock’s blatant disregard of its duties and responsibilities, and the need to deter future misconduct, justifies the award of punitive damages.”

The department attempted to cover up wrongdoing by Hudson, the lawsuit states, claiming that the police chief and the city regularly cover up excessive-force complaints against officers or conduct “meaningless” internal investigations with the intention of exonerating accused officers.

Almost a year after the plaintiffs filed a complaint about Hudson with the department, the internal complaint remains open, according to the lawsuit.

Little Rock police Sgt. Cassandra Davis said Monday that the results of the internal probe have been provided to the police chief, who has not acted on them. She could not say when he would.

City Attorney Tom Carpenter said he was aware of the lawsuit but could not address specific allegations because he has not read it.

Carpenter said he also is awaiting the outcome of the internal probe, the results of which could determine whether the city attorney’s office will represent Hudson in the lawsuit.

The 34-year veteran officer is on special assignment in the city’s downtown division.