Del-Rio Swink, a disabled activist and cancer survivor, is suing several St. Louis Metropolitan Police Department officers, a Berkeley police officer and Walgreens Co., for violations of the Americans with Disabilities Act.
The St. Louis Metropolitan officers named in the lawsuit are Alfred Allmon, Trevor Krepps and Kristine Stark. They, along with Berkeley Police Department officer Thomas Love, are accused of using excessive force.
“I never thought people who are supposed to serve and protect would treat me this way,” Swink said.
Swink is represented by ArchCity Defenders, a legal advocacy organization well known for representing clients who live in communities of color. She was about to give up when the local law firm took her case.
“When no one would listen to me, ArchCity Defenders did,” Swink said.
Swink’s legal battle began in the fall of 2022 when she was picking up medication from a Walgreens Pharmacy in the Central West End neighborhood. She was allegedly toppled out of her chair and dragged across the floor by Love, who was working as a store security guard for Allied Services, the lawsuit states.
According to Swink, she sustained severe physical injuries from the incident caused by Love and the three St. Louis officers.
Swink said she was sitting in the waiting area of Walgreens pharmacy when she was confronted by and initially injured by Love, who “intervened in a minor misunderstanding between Swink and the pharmacy assistant.”
A cancer survivor, Swink says she suffers from chronic pain and has limited mobility in her arms, legs, and back due to chemotherapy. She contends she was complying with the officers and a video recording of the incident seems to support her claim.
“None of the police officers involved took Ms. Swink seriously when she told them she was disabled and needed help. This is disturbing not just for Ms. Swink, but because many of the people police officers interact with are individuals living with disabilities,” says Ebony McKeever, staff attorney at ArchCity Defenders.
Swink alleges Love walked into the pharmacy area and didn’t take the time to investigate the problem. “He should have listened to what had actually happened and to the customers around. He acted sporadically and out of line; it felt like he was being a big bully,” said Swink.
On a video recorded by Swink, she can be heard saying, “I’m complying” and “I didn’t do anything.”
However, Love continued to handcuff Swink and he dragged her on the floor, Swink alleges. She said she told him she was in pain and pleaded with him to stop.
When SLMPD arrived, Swink contends they refused to call an ambulance after she told them Love had injured her during the arrest. Instead, they proceeded without caution or consideration of her injuries and disabilities when transporting her to the hospital, she said.
“The growing presence of private security in a region already heavily saturated with police increases the risk of escalation and harm to everyday people trying to make it through their to-do list and make it home safely,” said Z Gorley, ArchCity Defenders communications director.
St. Louis American media partner KSDK reported that it reached out to the defendants in this case, and each party, except for the Berkeley Police Department, said they do not comment on pending litigation.
Berkeley Police Department had not responded, and a Walgreens spokesperson said, “We cannot provide any comment but can let you know we deny any wrongdoing.”