Prairie Grove Settles Federal Lawsuit

PRAIRIE GROVE — In a special meeting last week, Prairie Grove City Council approved a $5,000 payment as part of its portion to settle a civil lawsuit filed in February 2015 against the Police Department and city of Prairie Grove.

Pendarvis and Joy Williams of Prairie Grove sued the city in U.S. District Court on Feb. 2, 2015, claiming their civil rights were violated when they were assaulted and Pendarvis Williams was illegally arrested in their home on Jan. 30, 2014.

Prairie Grove Mayor Sonny Hudson said both sides agreed to a $50,000 settlement. As part of the settlement, Prairie Grove admits no wrongdoing and the plaintiffs cannot pursue the inci- dent any further, Hudson said.

John Wilkerson, staff attorney with Arkansas Municipal League, which represented the city, said the League did not recommend one way or the other during the negotiations.

“They give a number, we give a number and so forth,” Wilkerson said, adding, “The offer was

put out there and we all agreed to accept it. I think they (the city) made a wise decision.”

Hudson, city and police representatives and Municipal League attorneys met all day Monday, Feb. 22, in a settlement conference at the Federal Building in Fayetteville. The special Council meeting was held that night in Prairie Grove to vote on the appropriation. The Williams were represented by attorneys Chad Atwell and Daniel Ingram with Atwell Law Firm in Fayetteville.

Hudson said the city was willing to go to court because officers were “trying to do the right thing to make sure people were safe.” The decision to settle was based on economics, he said.

“We were told it could take as long as two years,” Hudson said. “The city decided it was an economic decision and we wanted to get it behind us.”

Prairie Grove belongs to the Municipal League’s Legal Defense Program. Prairie Grove is responsible for 10 percent of the settlement and the Municipal League 90 percent.

In an email, Ingram wrote about the settlement, “No amount of money could really right the wrongs that took place, but Pendarvis and Joy are pleased that the case got resolved. Despite the fact that the City and the Police Department do not have to accept liability, we think the settlement speaks for itself. We just hope that no one else has to go through something like this, and that the City and police officers realize that when you violate someone’s rights, especially in their own home, you are going to be held accountable for it.”

The Williams filed the civil lawsuit following the 2014 incident at their residence in Prairie Grove. A neighbor called, concerned because she had not heard from her friend Joy Williams in three days and she thought there was a protection order issued against Pendarvis Williams, according to the police report.

Prairie Grove police officers Travis Stills and Stephanie Baugher went to the Williams’ home and Pendarvis Williams answered the door. He told officers his wife was not feeling well and did not want to see anyone.

The report said Stills explained to Williams at the door that police wanted to see and talk to his wife. The officers entered the home and Joy Williams told officers she did not want to come out of her bedroom because she was sick. She also said she did not have an order of protection against her husband.

As police continued to question Pendarvis Williams, he then started to get agitated and started yelling, the police report said.

The report says Stills was concerned about everyone’s safety in the residence. Multiple times he asked Pendarvis Williams to comply with orders and Williams continued to argue and yell at police. When Baugher attempted to place handcuffs on Williams, Williams resisted arrest.

Police later learned an order of protection had expired

The federal lawsuit claimed the officers’ reason for coming to the residence “could have been accomplished by simply checking with the dispatcher regarding an order of protection, and had nothing to do with any alleged violation of law, and the entry was therefore improper without plaintiff’s consent.”

The misdemeanor charges filed against Pendarvis Williams were later dismissed after a judge suppressed evidence in the case.