The lawsuit, which was filed Wednesday in U.S. District Court of the Southern District of Ohio, also claims the officers’ actions were discriminatory and violated the Americans with Disabilities Act.
Representatives of the Dayton police union have said that the officers did nothing wrong during the traffic stop.
But Owensby, his family members and a variety of community members have harshly criticized the officers, and some have called for their suspension and termination and demanded an apology from the police department and city.
The case has drawn national attention, and members of the Dayton City Commission have said they were troubled by video footage of the incident, including some recorded by officers’ body cameras.
Video shows police yanking Owensby from his car, including by his hair, after they told him he needed to exit the vehicle.
Owensby had asked the officers to call a supervisor to the scene and told them, “There will be a lawsuit if you put your hands on me for no reason, bro.”
Owensby told the officers, “I cannot step out, I’m a paraplegic.”
One of the officers responded, “You got in the car, you can get out of the car.”
Police pulled Owensby over because they saw him come from a suspected drug house, and officers recovered $22,000 from his vehicle, according to police and the police union.
Owensby was charged and later convicted of illegal window tint and child restraint misdemeanor violations, which led to fines of $300.
Owensby’s lawsuit claims the officers pulled him over for a non-arrestable offense and that they did not have reasonable suspicion that a crime had occurred.
The legal complaint says Owensby made the officers aware of his disability, yet they yanked him out of his vehicle by his hair, causing “significant and lasting injury.”
The complaint says the officers were “ill-prepared” to accommodate a person with disabilities who could not follow their commands due to his disability.
The lawsuit seeks injunctive relief and economic, compensatory and punitive damages and demands changes to policies, procedures and practices.
A city spokesperson said it is the city’s policy not to comment on active litigation.
About the Author
