A federal judge has filed an initial order regarding an excessive force lawsuit against Columbia police, dismissing some of the claims but declining to throw out the case.
U.S. District Court Judge Keith Starrett issued the opinion last month in “Shamber Hollins vs. City of Columbia.”
Both sides are scheduled to take part in a case management conference over the phone on Aug. 28. Before that call they are to submit confidential memos stating a “candid appraisal” of where they believe they stand, including possible settlement figures, according to court documents.
The lawsuit stems from a 2017 traffic stop, where Hollins alleges, according to the lawsuit, that she was beaten by an officer after being pulled from her car when she did not stop at a roadblock. The 26-year-old Columbia resident admits to not having a driver’s license or proof of insurance.
The lawsuit alleges Officer Nate Cook forcibly removed her from her car before she had opportunity to comply with his command and used profanity and belittled her in front of her children. The suit alleges he beat her when she asked why she was being arrested. The suit also claims that two other officers on the scene, Jeremy Sellers and Jason Cook, ignored her pleas for help.
The city has denied Hollins’ claims, with an incident report painting a different picture of Hollins’ repeatedly cursing at officers and resisting arrest.
She was convicted of disorderly conduct – failure to comply in Columbia Municipal Court in 2017 but has appealed to Marion County Circuit Court. A trial in that appeal is scheduled for Sept. 16.
Regarding the federal civil lawsuit, officers Nate Cook and Sellers filed a motion for judgment on the pleadings, essentially asking the judge to dismiss the lawsuit.
Starrett, in a 17-page order filed July 23, did agree to dismiss the following:
l An excessive force claim against Sellers, saying Hollins has not even alleged that Sellers used force during the stop.
l False arrest claims against Sellers and Nate Cook, saying Hollins was committing a crime at the time of her arrest by driving without a license and thus officers had probable cause to arrest her.
l Hollins’ 1st Amendment retaliation claims against Sellers and Nate Cook, saying Hollins has not alleged any facts showing her free speech has been curtailed.
l Failure-to-train claims against Sellers and Nate Cook, saying nothing was alleged that they were supervisory officials.
l Conspiracy claims, saying Hollins didn’t give any specific facts that the officers conspired to deprive her of constitutional rights.
But Starrett denied the motion in other respects, finding that Hollins’ allegations are sufficient to state an excessive force claim against Nate Cook and a bystander liability claim against Sellers for allegedly choosing not to act when Hollins says she yelled for help.
The judge also denied the request by the officers for dismissing the claims based on “qualified immunity,” which protects government officials from civil lawsuits unless their actions taken during their official duties are unreasonable. Starrett said Hollins’ accusations, if true, preclude a qualified immunity defense because it would be unreasonable for an officer to use the degree of force alleged when a suspect only asks why she is being arrested and does not resist.
He noted that police dispute Hollins’ version of the story, saying she omitted key facts, but said when reviewing a motion to dismiss the law requires the judge to look at the case in the light most favorable to the person suing and accept what they allege as true.
Hollins is represented by Lilli Evans Bass of Jackson, while City Attorney Lawrence Hahn is representing the city and the officers.
