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ELECTRONICALLY FILED
7/2/2019 11:52 AM
27-CV-2019-900204.00
CIRCUIT COURT OF
DALLAS COUNTY, ALABAMA
LYNNETHIA ROBINSON, CLERK
IN THE CIRCUIT COURT OF DALLAS COUNTY, ALABAMA

FAYA ROSE TOURE,

Plaintiff,

vs. CASE NO:

SPENCER COLLIER, individually and in his
Official capacity as Selma Police Chief,
CITY OF SELMA, an Alabama Municipal
Corporation; DEVON MCGUIRE, individually
and in his official capacity as Police Officer
for the City of Selma and fictitious parties
T, U, V, X, Y and Z individually and in their
official capacities as Police officials and or employees
for the City of Selma, whose names are otherwise
unknown but being those persons who were
Negligent or wanton in arresting Plaintiff
FAYA ROSE TOURE or engaged in her false arrest
and false imprisonment and other wrongs or
conspired to do on or about July 11, 2018.

Defendants.
__________________________________________/

COMPLAINT

COMES NOW Plaintiff, by and through the undersigned counsel, and sets forth the

following complaint against the Defendants.

STATEMENT OF JURISDICTION

This Court has jurisdiction over the Plaintiff’s claims under Alabama state law and under

the Alabama Constitution. The Plaintiff does not assert any claims under federal law. Venue is

proper in that the claim is brought in the judicial district in which the events alleged herein occurred

and in which the Plaintiff and Defendants reside.

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STATEMENT OF THE PARTIES

1. Plaintiff Faya Rose Toure, is a resident of Selma, Dallas County, Alabama and is over the

age of nineteen (19) years.

2. Defendant Spencer Collier was the Police Chief of the City of Selma at all times during the

wrongs alleged herein and is sued in his individual and official capacities.

3. Defendant City of Selma is a municipality located in Dallas County, Alabama and

organized under the laws of the State of Alabama. Defendant City of Selma is liable under

the doctrine of respondent superior for the negligent, careless and unskilled acts and

omissions of its agent officers.

4. Defendant Devon McGuire is a resident of Selma, Dallas County, Alabama and is over the

age of nineteen (19). At all times relevant to this lawsuit this defendant was an agent and

employee of the City of Selma.

5. Fictitious Defendants police officials T, U, V, X, Y, Z, are over the age of nineteen (19)

and residents of Selma, Dallas County, Alabama and/or were employed by the City of

Selma at the time of the causes of action alleged herein. At all times relevant to this

complaint, these defendants were agents and employees of the City of Selma.

STATEMENT OF THE FACTS

6. On or about July 11, 2018, Plaintiff was illegally arrested by Officer Devon McGuire and

other officers whose names are unknown but were present and/or assisted in the arrest of

Plaintiff.

7. Prior to her arrest, Plaintiff wrote a letter to Mayor Darrio Melton and city officials

complaining that the political signs of Nicholas Switzer, a political candidate who is white,
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were not being removed from public property and public rights of way as required by

municipal ordinance.

8. The signs of African American candidates were being removed from public property and

rights of way by employees of the City of Selma. Plaintiff went to City Hall and informed

Lola Sewell, a city employee that it was improper to remove the signs of Black candidates

and yet allow most of Switzer signs to remain on public property. Sewell advised plaintiff

that she would remove Switzer signs in 24 hours if city enforcement failed to remove all

or no signs.

9. There is a municipal ordinance that prohibits the placing of political signs and other signs

on public property and public rights of way (see Exhibit “A”).

10. On July 11, 2018, Plaintiff observed a Switzer sign on public property adjacent to the

historic Tabernacle Baptist Church where the first voting rights meeting in a Selma church

took place. She removed the sign. After removing the sign Plaintiff went to her office on

Union Street to get her grandchild.

11. About fifteen minutes later, while enroute to join young people participating in a get out

and vote campaign, someone in a black car traveling in the opposite direction yelled

something about a sign. The man did not have on a uniform. The car stopped and turned

around and followed plaintiff. When Plaintiff recognized that a police officer was pursuing

her, she pulled over as soon as she observed citizens who could witness the harassment and

serve a check on police misconduct. Several citizens began to video the incident.

Defendant McGuire and other officers attempted to stop these citizens from making videos

of the illegal stop, intimidation and arrest.

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12. Plaintiff parked her car across from the Public Library on Selma Avenue, which was three

and a half blocks from the point she heard the siren. Incredibly, Defendants falsely reported

to the public that Plaintiff reached a speed of fifty miles an hour before stopping within

three and one-half blocks.

13. Within minutes, eight or nine officers were on the scene. Officer McGuire insisted on

handcuffing Plaintiff behind her back, even after she complained of a broken wrist that was

not fully healed.

14. Officer McGuire and other officers refused to allow Plaintiff to call the parents of her 10-

year-old granddaughter to come get their child. Although her cell phone was in her hand,

officer McGuire snatched the phone from Plaintiff and would not allow her to call anyone.

The child was left on the street without supervision. Pedestrians on the street were told not

to video the incident and to get back although they were not close to the arrest scene.

15. Senator Hank Sanders, Plaintiff’s spouse, arrived on the scene before the Plaintiff’s vehicle

was towed by a private company. The van was towed despite being legally parked. Senator

Sanders tried to take the van, but police officers prevented him.

16. The van and its contents were not taken as evidence or as a part of an investigation, even

though the van contained the sign which the officers claimed were illegally removed.

17. Senator Hank Sanders had to pay $150 that evening to regain possession of the van.

18. After Plaintiff was arrested, Officer McGuire told her she had to post a $2000 cash bond

to secure her release which proved to be untrue.

19. Plaintiff refused to pay a $2,000 cash bond to secure her release because she deemed it as

further harassment. Plaintiff remained in jail. Plaintiff was released from jail after she was

informed that she could be released without bond after 48 hours.

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20. The Defendants knew the removal of a sign illegally placed on public property was not a

crime. The reporting officer falsified a police report when he claimed Plaintiff removed a

Switzer sign from private property.

21. The closest private property to the Switzer sign was Tabernacle Baptist Church. The sign

was placed on the public right of way between the church property and Broad Street with

no other property in between. Of course, no private property owner complained that

Plaintiff removed a sign from their property.

22. It is Plaintiff’s information and belief that no one has ever been arrested for removing a

political sign from public property in Selma, Alabama or virtually anywhere in the State of

Alabama.

23. Plaintiff and others have removed political and non-political signs from public property

after elections and other events for years without any arrest or complaints.

24. Subsequent to Plaintiff’s arrest, one or more of the Defendants filed false and vindictive

charges against the Plaintiff with the Alabama State Bar Disciplinary Commission. Those

charges are still pending.

25. Moreover, Plaintiff’s case has never been set for a hearing or trial and Defendants will not

provide her a copy of the video or any evidence that support their allegations of criminal

conduct.

26. Defendant Police Chief Collier and Officer McGuire knew that the City of Selma has an

ordinance that makes it unlawful to place campaign signs on public property and rights of

way.

27. Defendant’s provided false information to the media concerning plaintiff’s arrest knowing

it to be false and libelous.

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28. Plaintiff timely filed a notice of claim with the Clerk of the City of Selma.

29. Plaintiff timely sent a request to Defendant Collier and McGuire demanding they retract

their defamatory statement and action against Plaintiff

COUNT I: ASSAULT AND BATTERY

30. Plaintiff incorporates the foregoing paragraphs by reference.

31. The Defendant officers caused the person of Plaintiff to be touched in rudeness, anger,

and/or in a hostile manner.

32. The Defendant officers acted willfully, maliciously, beyond their authority, and/or in bad

faith.

33. The Defendant officers were careless, negligent and unskillful in assaulting Plaintiff.

34. The Defendant officers placed the Plaintiff in immediate fear of bodily injury.

35. The Defendant officers’ actions caused the Plaintiff injury.

COUNT II: FALSE ARREST

36. The Plaintiff incorporates the foregoing paragraphs by reference.

37. Defendant officers arrested Plaintiff without probable cause or reasonable suspicion.

38. The Defendants acted intentionally and willfully in arresting Plaintiff without probable

cause or reasonable suspicion.

39. The Defendants were careless, negligent and unskillful in arresting the Plaintiff.

COUNT III: IMPRISONMENT

40. The Plaintiff incorporates the foregoing paragraphs by reference.

41. The Defendants unlawfully detained the person of Plaintiff in a manner that substantially

deprived her of her liberty.

COUNT IV: INVASION OF PRIVACY

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42. The Plaintiff incorporates the foregoing paragraphs by reference.

43. The Defendants intruded upon the solitude of the Plaintiff by invading her emotional

sanctity and physical space.

COUNT V: NEGLIGENCE, CARELESSNESS, AND UNSKILLFULNESS

44. The Plaintiff incorporates the foregoing paragraphs by reference.

45. The Defendant officers responsible for the actions alleged herein were agents of the City

of Selma at all times relevant to this complaint. The City is thus responsible for the

negligent, careless, and unskillful acts and omission of its agent officers.

46. The Defendant officers’ acts and omissions regarding Plaintiff constituted negligence,

want of skill, and/or carelessness.

COUNT VI: WANTONNESS

47. The Plaintiff incorporates the foregoing paragraphs by reference.

48. The intentional acts and omissions of the defendant officers constituted wantonness.

49. The Defendant officers acted willfully, maliciously, beyond their authority, and/or in bad

faith.

COUNT VII: NEGLIGENT, CARELESS AND UNSKILLFUL HIRING

50. The Plaintiff incorporates the foregoing paragraphs by reference.

51. The Defendant municipality negligently, carelessly and unskillfully hired the Defendant

officers who were unqualified and/or had problematic backgrounds, profiles and

histories.

COUNT VIII: NEGLIGENT, CARELESS OR UNSKILLFUL TRANING AND OR

SUPERVISION
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52. The Plaintiff incorporates the foregoing paragraphs by reference.

53. The municipality was negligent, careless, or unskillful in its failure to provide adequate

training and supervision to Defendant officers considering the foreseeable serious

consequences that could result from the lack of adequate instruction and supervision.

COUNT IX: CUSTOM OF POLICE ABUSE

54. The Plaintiff incorporates the foregoing paragraphs by reference.

55. Unlawful police violence is and has been rampant in the Selma Police Department.

56. The Defendant municipality knew about the widespread practice of police abuse but

failed to stop it.

57. The municipality was negligent, careless, or unskillful in its failure to address and

prevent the pattern, practice and custom of abuse of power in the Selma Police

Department.

COUNT X: ABUSE OF LEGAL PROCESS

58. The Plaintiff incorporates the foregoing paragraphs by reference.

59. The Defendant officers maliciously and wrongfully used the legal process to harm

Plaintiff while having ulterior motives.

COUNT XI: UNREASONABLE SEIZURE-VIOLATION OF ARTICLE 1,

SECTION 5 OF THE CONSTITUTION OF ALABAMA

60. The Plaintiff incorporates the foregoing paragraphs by reference.

61. The Defendants use of force was objectionably unreasonable.

62. The force the Defendants used against the Plaintiff was unreasonable even had

circumstances justified an arrest.

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63. The Defendant officers’ unreasonable use of force violated the Plaintiff’s right to be free

from unreasonable seizures guaranteed by the Alabama Constitution.

64. The Defendant officers acted willfully, maliciously, beyond their authority, and/or in bad

faith.

65. Defendant’s McGuire and Collier maliciously provided false information to the media

and the public concerning Plaintiff.

66. The Defendant officers acted with negligence, carelessness and unskillfulness.

COUNT XII: DEFAMATION/LIBEL

67. The Plaintiff incorporates the foregoing paragraphs by reference.

68. Defendants deliberately and willfully provided the public information orally and in

writing which they knew to be false.

69. Specifically, Defendants and or their agents reported that the Plaintiff shoplifted a sign

from private property. This report was provided to the public willfully and intended to

portray Plaintiff as a criminal or otherwise engaged in criminal conduct.

70. One or more of the Defendants and or their agents and officers also secretly sent false

information of Plaintiff’s alleged criminal conduct to the Alabama State Bar Association

where it was viewed. The intent was to facilitate the disbarment or suspension of

Plaintiff ability to practice law.

DAMAGES

71. As a proximate result of the defendants’ acts and/or omissions, Plaintiff was caused to

suffer the following injures:

a. Mental Anguish

b. Hardship and Inconvenience

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c. Pain and Suffering

d. Humiliation and Embarrassment

e. Loss of Freedom

f. Unlawful Detainer

g. Diminishment of Reputation

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment granting

her the following relief:

1. Declaratory Relief: Declarations that Defendant municipality’s and all other Defendants’

actions set forth herein violated Plaintiff’s rights under the Alabama Constitution and the

laws of the State of Alabama.

2. Injunctive Relief: Preliminary and Permanent Injunctions enjoining Defendant

Municipality and all other Defendants from further violations of Plaintiff’s rights under

Alabama state law.

3. Compensatory and Punitive Damages: Judgment against all Defendants in the amount of

ONE MILLION DOLLARS ($1,000,000) for compensatory damages and 3 MILLION

($3,000,000) DOLLARS for punitive damages.

4. Any other and further relief as the Court deems just and proper and any other relief

allowed under state law including but not limited to any costs and fees.

Respectfully Submitted,

/s/ Henry Sanders

Henry Sanders (SAN020)
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OF COUNSEL:

CHESTNUT, SANDERS & SANDERS, L.L.C.

P. O. Box 1290
Selma, AL 36702-1290
(334) 526-4531

REQUEST FOR JURY TRIAL