UPDATE: Valdosta police officer says he did nothing wrong in excessive force lawsuit

Published 5:15 pm Thursday, August 20, 2020

This story was updated 5:30 p.m. Thursday, Aug. 20.

VALDOSTA – A city police officer claims he did nothing wrong earlier this year when he slammed a man he misidentified as a suspect to the ground and broke his wrist, according to court records filed this week.

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Antonio Arnelo Smith, a 46-year-old Black Valdosta resident, filed an excessive use of force lawsuit against the Valdosta Police Department, city officials and individual police officers this summer.

Smith’s wrist was broken in February when VPD Lt. Billy Wheeler slammed him to the ground. Smith’s suit claims police misidentified him as a suspect wanted on an outstanding warrant.

Wheeler was sergeant at the time of the incident and was later promoted to lieutenant in May.

A police body cam recording of the incident, released when the suit was filed, received international attention.

Wheeler and the city filed court documents this week responding to Smith’s lawsuit. 

Wheeler’s response claims he was justified in his actions.

The city response admits the takedown of Smith caused his wrist to appear to be injured. The city claims Wheeler “took (Smith) to the ground when he did not comply.”

Wheeler denies violating any of Smith’s rights as Smith claimed in his lawsuit.

“Wheeler did not act maliciously, recklessly, wantonly, deliberately or willfully in any way toward plaintiff,” his response to the suit claims. 

He denies accusations of assault and battery, false imprisonment, unlawful or unreasonable search, unlawful detention, false arrest, false seizure and false unnecessary force.

The city asks for the suit to be dismissed because Smith “suffered no constitutional violations as a result of their actions. …These defendants are not liable because they acted in good faith and with probable cause, or at minimum, arguable probable cause,” the answer states.

“These defendants are not liable to plaintiff because their conduct did not violate any clearly established constitutional right of which a reasonable police officer would have known, and was likewise objectively reasonable.” 

Body cam footage released in June shows Wheeler attempting to arrest Smith for a warrant during an investigation on North Ashley Street. He grabbed Smith from behind, told him to put his hands behind his back and threw him to the ground. 

The video shows officers discovered the warrant was for another man and not Smith. Smith was released and refused medical attention.

The city stated in its response the footage is the “best evidence of its content.” The city denied any allegations that it believes is inconsistent with what the recording shows, court records state.

Wheeler stated in his response the body cam footage “shows what it shows” and stated Smith is making accusations that are either inconsistent with the footage or takes the recording out of context.

As written in his police report, Wheeler maintains Smith tensed up and pulled away from him when he grabbed Smith’s right wrist. He stated Smith pressed his arms outwardly against him after he grabbed Smith.

Wheeler argued in his response that he is entitled to qualified immunity. Nathaniel Haugabrook, Smith’s attorney, said he anticipated the argument.

“I don’t think that he qualifies. I think that it is well-established that his actions would be a constitutional violation. They were excessive and I think that they are excessive by anybody’s standards,” Haugabrook said.

“I don’t think that you don’t have to be put on notice that you should not come up from behind, grab a person, not identify yourself, not assess the situation, not find out what’s going on first before grabbing them … (and) slamming them to the ground.”

In addition to Wheeler and the VPD, the suit lists Valdosta Mayor Scott James Matheson, Valdosta Police Chief Leslie Manahan and VPD Patrolman Dominic Henry individually as well as members of the Valdosta City Council, VPD Patrolman Patrick Barrett and VPD Patrolman Hudson Durden.

Tim Tanner, attorney for the city, confirms he is no longer representing Wheeler and that Wheeler has obtained separate counsel.

Tanner said the City of Valdosta does not comment on pending litigation.

Haugabrook said the next step in the process is to wait for a standard order from a federal judge outlining deadlines needing to be met.

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VALDOSTA – A city police officer claims he did nothing wrong earlier this year when he slammed a man he misidentified as a suspect to the ground and broke his wrist, according to court records filed this week.

Antonio Arnelo Smith, a 46-year-old Black Valdosta resident, filed an excessive use of force lawsuit against the Valdosta Police Department, city officials and individual police officers this summer.

Smith’s wrist was broken in February when VPD Lt. Billy Wheeler slammed him to the ground. Smith’s suit claims police misidentified him as a suspect wanted on an outstanding warrant.

A police body cam recording of the incident, released when the suit was filed, received international attention.

Wheeler and the city filed court documents this week responding to Smith’s lawsuit. 

Wheeler’s response claims he was justified in his actions.

Wheeler denies violating any of Smith’s rights as Smith claimed in his lawsuit.

“Wheeler did not act maliciously, recklessly, wantonly, deliberately or willfully in any way toward plaintiff,” his response to the suit claims. 

The city asks for the suit to be dismissed because Smith “suffered no constitutional violations as a result of their actions. …These defendants are not liable because they acted in good faith and with probable cause, or at minimum, arguable probable cause,” the answer states.

“These defendants are not liable to plaintiff because their conduct did not violate any clearly established constitutional right of which a reasonable police officer would have known, and was likewise objectively reasonable.” 

Body cam footage released in June shows Wheeler attempting to arrest Smith for a warrant during an investigation. He grabbed Smith from behind, asked him to put his hands behind his back and threw him to the ground. 

The video shows officers discovered the warrant was for another man and not Smith. Smith was released and refused medical attention.

In addition to Smith and the VPD, the suit lists Valdosta Mayor Scott James Matheson, Valdosta Police Chief Leslie Manahan and VPD Patrolman Dominic Henry individually as well as members of the Valdosta City Council, VPD Patrolman Patrick Barrett and VPD Patrolman Hudson Durden.

This is a developing story that will be updated when additional information is received.