Brookside AL, 23 police officers and towing company sued for conspiracy over traffic stops, high fines
Brookside AL March 18, 2022 Lawyers for eight people who say they were wronged by Brookside police on Wednesday filed an amended complaint in Alabama, arguing the town, the towing company it used to seize vehicles, and 23 current and former police officers conspired to take money and property from drivers.
The complaint seeks to establish four classes of people who were stopped and “extorted” by the town of Brookside, Jett’s Towing Co. or the officers. It claims those involved violated the Racketeer Influenced Corrupt Organizations Act (RICO) and the Hobbs Act – which makes it illegal to obstruct interstate commerce by robbery or extortion. The complaint seeks return of property and damages.
“The Town of Brookside forced Plaintiffs and the Plaintiff classes to give up their property and pay illegal fines through fear, intimidation, and under color of official right by imposing fines not authorized by law, seizing property without the legal right to do so…and by threat of jail time unless illegal fines were paid or property unlawfully forfeited,” the suit says. “This is extortion.”
The 46-page complaint claims each of the named police officers, under former police chief Mike Jones, “knew that they were violating the constitutional, statutory, and common law rights of the Classes pled herein, and did so to create more revenue for the Town of Brookside so that they, in turn, could enjoy the fruits of that revenue in the form of pay, benefits, equipment, and receipt of the profits from policing as described herein.”
Brookside, just north of Birmingham, already faces at least 10 lawsuits about its policing.
Mayor Mike Bryan late Wednesday said there was no conspiracy.
“The Town has just been made aware of this amended lawsuit,” Bryan told AL.com. “We will be reviewing the details of the allegations with the Towns legal counsel. However, an initial review of the complaint reveals that any allegations of conspiracy are false and without merit and the Town vehemently denies such allegations.”
Jett’s Towing owner Wayne Jett could not be reached for comment on Wednesday.
Allan Armstrong, one of a group of lawyers who filed the complaint, said Brookside violated basic American rights.
“The citizens of this state and those traveling through this state should enjoy the opportunity to freely access our roadways,” he said. “The complaint alleges numerous constitutional violations, and we believe the citizens need to be protected from illegal actions by the Town of Brookside.”
The complaint seeks to establish four separate sub classes:
People stopped by Brookside police more than a mile and half outside the town limits.
People who had their vehicles towed and impounded by Jett’s Towing after a traffic stop.
People who were stopped by Brookside police and fined more than the state allows.
People who were detained by Brookside officers beyond a traffic stop.
Lawyers for the plaintiffs want, among other things, all fines and convictions voided and seized property returned. They seek damages against the individual police officers for “wrongful fines, forfeitures, and arrests, including mental anguish damages.”
In trying to establish a conspiracy, the complaint contends that the town of Brookside, its court and its officers, exist “to extract the payment of unlawful fines from the people.”
“The Town of Brookside participates in the affairs through a pattern of racketeering activity,” it says.
Plaintiffs in the lawsuit, originally filed on behalf of Cory Thomas, are Thomas; Tinetta Jackson; Keyarah Smith; Ben Blackwell; James Donahue; Gerald Smith; Brittany Todd; and Zachary Harris.
The suit also names 23 current and former officers as individual defendants.
AL.com in January reported how Brookside used fines and forfeitures to bring in almost half the town revenue in 2020, and how its police department grew exponentially under Chief Jones. At least eight officers, including Jones, have resigned or been let go since.
The town faces several state investigations and has brought in outside help to rebuild the department.
“In the meantime, we’ll continue to make good on our promises to reform policing in Brookside,” said Mayor Bryan on Wednesday. “The military-styled vehicles have already been returned to the State, our police cars have been re-striped, and the Town is investing in new, easily identifiable uniforms for the police officers.”
