BIRMINGHAM, Alabama A man whose arrest by Birmingham police was caught on videotape has filed a federal lawsuit claiming his civil rights were violated when officers repeatedly hit and kicked him though he was trying to comply with their demands.
Travarious Daniel named as defendants in the lawsuit the City of Birmingham, Police Chief A.C.
Roper and officers M. Phillips and J.S. Manning, according to a complaint late Wednesday in federal court by attorneys Trey Taylor and Gusty Yearout.
Six Birmingham police officers are on paid leave pending an investigation into the arrest and Daniel's claims of police brutality, but only Phillips and Manning are named in the suit.
The complaint gives this account of what happened on March 20th: Daniel was working security at the Down Town Lounge on First Avenue North when his employer instructed him to use his car to run an errand.
After starting his car and pulling into the street, Daniel was pulled over by unmarked cars with emergency lights.
After exiting his car, Daniel held his hands in the air and attempted to comply with instructions provided to him by what Daniel perceived to be police officers.
"While his hands were in the air, and during a time when he demonstrated no hostile or aggressive attitude or behavior, and in fact was making efforts to comply with instructions from the officers, Daniel was savagely attacked and beaten by the officers," the lawsuit reads.
"Daniel did not have any weapons or drugs on or with him and did not pose any threat to the police officers or any other person."
While the officers were brutally assaulting Daniel and using excessive force, Daniel was lying on his stomach and offering not threat of harm to the officers, according to the lawsuit.
At least one or more officers used weighted gloves to strike Daniel in the back and side of the head with the intent to cause permanent and disabling injuries.
During that time, the suit reads, another officer pummeled Daniel with his fist numerous times to his head and upper body.
Other officers were using their knees and feet to kick and strike Daniel numerous times about his body while he lay prone on his stomach on the side walk.
The complaint says Daniel was rendered unconscious.
Daniel is asking police and city officials to adopt and implement policies that would prevent these type of actions including adequate training regarding high speed pursuits and excessive force.
He is also seeking compensatory and punitive damages, though the suit doesn't name a specific amount.
City and police officials weren't immediately available for comment.
Authorities have said undercover officers with the burglary unit working in the 1600 block of Morris Avenue saw Daniel take the keys from an unmarked car, and then initially refused to stop when officers tried to pull him over.
He pulled over in the 1600 block of First Avenue North, in front of the lounge, across the from the Birmingham Police Department Administration Building.
"The def. (defendant) received several cuts to the face and elbow," according to a report filed by police. "Minimum force required."
A stolen gun was found during the search of the car, the report stated. The report states Daniel was treated at the scene by Birmingham firefighters.
He was charged with receiving stolen property and unlawful breaking and entering a vehicle as a result of the arrest, according to court records.
Daniel has a criminal record. He pleaded guilty in 2006 to carrying a concealed weapon and resisting arrest. In 1997, he pleaded guilty to a theft of property charge.
