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COUCH v. CITY OF SHEFFIELD1/9/1998
laintiff that if he would only cooperate that could go home; however, the plaintiff had no knowledge of any drug dealing at the lounge.
"Plaintiff was then placed in jail.
"Plaintiff was released on $500.00 bail at 9:00 a.m. on the morning of July 3, 1995, having been unable to get any rest at the Sheffield City Jail.
"Plaintiff, who had little sleep over the past two days due to long work hours, and emotionally and physically exhausted and drained from the traumatic illegal arrest and false imprisonment, went home, cleaned up, and decided to try and get one hour of sleep before reporting to work at 11:00 a.m.
"Plaintiff, virtually unconscious from his ordeal, failed to respond to his alarm clock and was several hours late for work.
"As a direct and proximate cause of the illegal arrest and false imprisonment, the plaintiff was almost fired, suffering instead a demotion from assistant manager to salesman, with a devastating adverse impact upon his salary, compensation, and future with REX TV AND APPLIANCES.
"Officer Lesley reviewed the facts and charges with City Prosecutor Benjamin Gardner and they agreed that there was insufficient probable cause to prosecute the case. The prosecutor offered to dismiss the charge against the plaintiff upon payment of costs. However, because the plaintiff was innocent, he refused.
"Subsequently the prosecutor offered to dismiss the charge against the plaintiff if the plaintiff would only sign a waiver relinquishing his right to sue the City for false arrest, illegal imprisonment, and malicious prosecution. The plaintiff refused because he was concerned that other innocent citizens might suffer similar constitutional violations if the matter was simply covered up by a waiver and dismissal of the spurious charge.
"Prior to plaintiff's trial in Municipal Court for the City of Sheffield, Officer Lesley advised the prosecutor that the plaintiff had simply 'been in the wrong place at the wrong time,' and Officer Lesley recommended that the baseless charge against the plaintiff be dismissed. However, the prosecutor refused unless the plaintiff signed the waiver.
"The undersigned attorney, Dennis Odem, had interviewed Officer Lesley prior to the trial to determine the reasons for the plaintiff's arrest. Officer Lesley candidly admitted that none of the elements for a public intoxication offense had been committed by the plaintiff, that the plaintiff had simply been 'at the wrong place at the wrong time,' and Officer Lesley wanted the charge dismissed. Officer Lesley admitted that his primary motivation in arresting the plaintiff was the City's efforts and desires to stop alleged drug trafficking and drug use at the Stagecoach Lounge.
"During the lengthy conversation with Mr. Odem, Officer Lesley never suggested that his decision to arrest the plaintiff was in any way based upon his concern for either the safety of the plaintiff or the public. Officer Lesley never mentioned anything about any concern or thoughts he might have had about the plaintiff driving his car, or anyone else's car.
"When the plaintiff refused to sign a waiver of his right to sue the City, the prosecutor advised Mr. Odem that he was 'going to fight it all the way.' In order to cover up the illegal arrest and malicious prosecution, the prosecutor and Officer Lesley conspired to fabricate the story that the plaintiff was arrested because Officer Lesley feared that the plaintiff was going to drive a car and that he might therefore be a danger to himself and the public.
"Plaintiff was tried in a bench trial in the Municipal Court for the City of Sheffield, Alabam
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