The City of Huntsville and four Huntsville Police officers are facing a federal lawsuit from a man, Hilton Germany, and his mother, Jonnie Bey, after an incident on October 23, 2016 that Germany claims was a false arrest.
Germany claims that he suffered physical and emotional damages. He and his mother both say they experienced excessive force from Huntsville Police officers, that Germany was falsely arrested and that they experienced assault and battery.
On October 23, 2016, Germany says he called Huntsville Police to have his wife removed from his home after the two had a confrontation. When officers came to the residence at York Road NW, one of them told Germany that they couldn't do this.
Germany says he responded that the officer could leave then if they could not be of assistance, but he says the officer continued to ask him questions. Germany says he did not respond, went back inside his home and that the officer then threatened to arrest him for "disturbing the peace."
According to Huntsville Police, officers tried to question Germany and told him to stay outside, but Germany tried to go back inside his house.
Huntsville Police said Germany used expletives when talking to them and caused such a commotion his neighbors were looking out their windows. Huntsville police also told us Germany was arrested after the incident, and taken straight to jail not to the hospital.
Bey says she told the officer that Germany suffers from PTSD after his service in the Army. Germany says he walked downstairs into his den to avoid the stressful situation and that this is when the officer attempted to enter the home and shove Bey down.
Germany says he returned upstairs and found the officers inside his home and that they told him they were going to place him under arrest. He says one of the officers pepper sprayed him, causing him to "black out" and that he woke up to the sound of his 4-year-old daughter crying and one of the officers on his back choking him from behind.
According to Germany, the officers punched him in the back and ribs and that when he asked why they said that he had attempted to reach for a gun. He said the officer then dragged him onto his porch and that this is when paramedics arrived. He says police did not let them take him to the hospital and instead brought him to the police station.
He claims that when he arrived at the station his face was swollen, his lips were bleeding, that he had a knot on his forehead and a black eye along with contusions and lacerations.
The complaint filed by Germany and Bey says the officers had no warrants to arrest him or to enter the home. It also says the charges against Hilton were dismissed.
Huntsville Police say when Germany was asked to stay outside and answer questions, he refused, was irate and resisted arrest. They say he was taken from the scene to the jail and that he was not brought to the hospital.