October 30, 2018
By: Dwayne Page
Alleging both personal and property damage, a local man has filed a $100,000 federal court lawsuit against two Smithville Police officers over an incident that occurred at his home in February.
Stephen Ashburn is suing Smithville Officers Harley D. Lawrence and Matt Farmer, individually, claiming they violated his 4th Amendment rights against unreasonable seizure. Farmer is no longer employed by the police department. Neither the City of Smithville or the Police Department are named as defendants in the litigation.
The incident in question began on February 2 as Ashburn was cooking dinner at his home in Smithville.
According to the lawsuit, “Ashburn went outside to his vehicle, which was parked in his driveway, to retrieve a bag of groceries when he noticed a car parked and running on the street in front of his house. The parked vehicle was partially blocking his driveway. Ashburn’s home is directly across a narrow back street from the backside of a motel.”
The suit claims “Ashburn was aware that many incidents of drug related crime and burglaries had recently occurred in the neighborhood [and as he] approached the vehicle he shined a flashlight in the windshield and noticed there was no one in the driver’s seat. A female was in the passenger seat. Ashburn tapped on the passenger side window and asked why the car was parked there. After the passenger mumbled something incoherent, Ashburn suggested it was not a good idea to park on the street blocking his driveway and that the vehicle should be moved. Ashburn immediately turned around and went back into his house to finish cooking dinner” and looked outside, and saw that the vehicle was moved.
Within the next thirty minutes, the lawsuit alleges, Ashburn was startled by a loud, forceful banging on his back door.
Concerned that either a burglar was attempting to enter or the driver of the vehicle on the street was at the door, Ashburn went to the door holding a handgun for protection.
It is alleged that upon opening the door while still in the doorway and behind a storm door with clear glass, two individuals shined a flash light directly in Ashburn’s eyes and verbally identified themselves as police officers. They were dressed in dark, thick jackets and dark knit hats.
The lawsuit claims “The Defendants did not identify themselves as law enforcement at any time prior to Ashburn opening his door, and, upon being able to see that the Defendants were law enforcement officers, Ashburn lowered his handgun.”
According to the suit, “The Defendants then demanded Ashburn set his handgun down and he complied by placing it on a table inside the house. The Defendants did not request that Ashburn place his handgun in any particular location.
“Ashburn then kept his hands down and in front of his waist so that the Defendants could see them.
“The Defendants then demanded that Ashburn unlock the storm door.
Ashburn claims Officer Farmer opened the door without permission and that he asked the officers if they had a warrant to enter his home. The suit claims Officer Farmer answered “I’m investigating something, so we can either come in or you can come out.”
It is alleged the Officers again demanded that Ashburn come outside to discuss the matter they were investigating and when Ashburn again denied the request, Officer Farmer stated, “I’m not going to ask you again.”
The suit claims the officers then reached through the entryway of Ashburn’s home, grabbed him, and threw him down the stairs where he landed face down in his front yard.
Ashburn claims both officers jumped on top of his back and placed him in handcuffs.
The suit states “Ashburn was in shock and audibly grimaced with pain,” and was kept under arrest and in handcuffs for approximately twenty minutes.”
The Defendants, according to the suit, never communicated a reason that Ashburn was seized and placed in handcuffs and he was never charged with any crime.
The lawsuit states that “The Defendants were aware that residents of the neighborhood were on scared and high alert due to a lot of drug traffic in the area when they failed to identify themselves as law enforcement while banging on Ashburn’s door.”
Ashburn also claims he complied with all commands of the Defendant law enforcement officers other than their request for him to exit his home.
It is alleged that as a result of the officers grabbing Ashburn out of his home, throwing him down the stairs and jumping on top of him, that he suffered physical injury and property damage including but not limited to blunt trauma to the chest, broken ribs, and a broken prosthetic leg.