State Rep.-elect Bruce Franks, Jr. filed a federal civil-rights lawsuit on Dec. 22 against four police officers, alleging that they used excessive force in his arrest while he was acting as a peaceful mediator at a protest on December 23, 2014.
The suit alleges that Franks, 32, was brutally beat, kicked, and pepper sprayed while acting as a “Peacekeeper” at a protest in Berkeley that occurred after the police-shooting death of Antonio Martin two years ago.
In the complaint, the ArchCity Defenders, who filed the suit on Franks’ behalf, allege that police officers from Berkeley and St. Louis County used excessive force, assaulted and battered Franks, all in violation of Franks’ Fourth and Fourteenth Amendment rights. Franks claims that he has suffered permanent physical injuries and damage and asks for monetary relief, but doesn’t set an amount.
The suit names St. Louis County police Officer David Steinmeyer, Berkeley police Officer Evelio Valdespino, and an unidentified Berkeley officer and an unidentified St. Louis County officer as defendants.
St. Louis County Counselor Peter Crane said he has not yet been served the lawsuit so he can’t comment on it. Berkeley Police Chief Art Jackson has not yet returned The St. Louis American’s request for comment.
“Mr. Franks’ case sheds light on the dangers of police power,” said Thomas Harvey, executive director and co-founder of ArchCity Defenders. “This suit challenges the tactics police use after a person has been restrained. A lawful arrest does not include kicking and beating a person in handcuffs.”
Franks did not pursue a legal remedy immediately because he wanted to first engage the two police departments in discussions and raise awareness about needed police training and reform, said Nathaniel Carroll, staff attorney with ArchCity Defenders.
Franks leads a group called 28 to Life, which attempts to foster better relationships between law enforcement agents and the youth in his neighborhood.
“Despite advocacy efforts, he was not able to get the results he was hoping for, and Mr. Franks began working on the lawsuit with ArchCity Defenders,” Carroll said.
With a two-year statute of limitations, the window for Franks to take legal action is coming up on Dec. 24, an ArchCity representative said.
According to the suit, Franks is a member of “the Peacekeepers,” a group of local volunteers trained in techniques to de-escalate and defuse volatile situations between police and protesters.
“In order to remain easily identifiable by both police and protesters, the Peacekeepers wear an unofficial uniform: black hooded sweatshirts and hats, each with “PEACEKEEPER” emblazoned across the front in large, white lettering, and plain black pants,” the suit states.
On the evening of December 23, 2014, the suit states that a civil protest began forming at the “Mobil-On-The-Run” gas station located at the 6800 block of North Hanley Road in Berkeley in response to the police killing of a young African-American man, Antonio Martin, earlier that same day. Franks arrived to the Mobil that evening around midnight, wearing his Peacekeeper uniform and the group began their de-escalation efforts. The Peacekeepers positioned themselves in between the police and the protesters and tried created a “buffer zone of space between the growing crowd of protesters and the growing line of police officers at the Mobil,” it states.
“Mr. Franks sensed tension and anxiety among the police officers behind him and assured the police that the Peacekeepers had everything under control,” it states. “Mr. Franks shouted over his shoulder toward the police, ‘Everything’s okay. We’ve got ‘em!’ Mr. Franks and the Peacekeepers calmly, but firmly, urged the protesters to back up, which they did.”
As a result, the Peacekeepers created a wider gap between the crowd and the police tape surrounding the crime scene. The Peacekeepers then turned to the police to suggest they could move the tape back, giving the police officers more room than they previously had before the push. At this point, Franks saw an unidentified police officer reach for his gun, the suit states. One of the protesters yelled, “Get your hand off your gun!”
In response, the same unidentified officer who had reached for his gun grabbed another peacekeeper Calvin Kennedy, it states.
“Fearing for Mr. Kennedy’s safety,” Franks bear-hugged Kennedy in an attempt to pull him back with the other Peacekeepers, it states. The three men lost their balance and fell to the ground. Other officers responded, including Steinmeyer, and began to place Franks under arrest.
“Having been trained in de-escalation, Mr. Franks remained calm and fully compliant with the officers’ commands,” it states.
An officer ordered Franks to turn over face-down and put his hands behind his back. When he abided, an officer cuffed Franks’ hands behind his back. Simultaneously, someone threw a “flash bang” toward the Mobil near where Franks lay on his stomach and handcuffed. While he was still on the ground, the suit states Steinmeyer got on top of Franks’ back and Franks heard Steinmeyer scream to him, “Don’t touch my gun!”
“This surprised and alarmed Mr. Franks, who was not in any position to touch anyone’s gun,” it states.
While Franks lay cuffed and immobilized by Steinmeyer, Franks alleges that Officer Valdespino repeatedly beat Franks’ legs with a baton. Franks alleges that he looked up and saw St. Louis County Police Officer Defendant John Doe 2 approach and kick him in the face several times.
“Defendant City of Berkeley Police Officer John Doe 1 approached and sprayed Mr. Franks in the face with pepper spray,” it states. “At no time did Mr. Franks attempt to resist arrest or otherwise interfere with his arrest.”
Franks suffered severe pain and physical injuries including lacerations and bruising on his face and head, a torn rotator cuff in his right shoulder, a concussion, and contusions and bruises on his legs due to repeated strikes with a baton, as well an intense burning pain in his eyes as a result of the officers’ use of pepper spray, according to the lawsuit.
Franks was taken to the Berkeley Police Department for booking, and Franks alleges that Berkeley police officers refused his requests for medical treatment. He was released a few hours later after posting $500 bail.
Officers charged Franks with “assault on a law enforcement officer,” and “resisting or interfering with an arrest,” both of which were eventually dropped.
“The issuance of false and fraudulent charges indicate a patterned attempt to cover up, conceal, and avoid liability for police misconduct,” according to a statement by the ArchCity Defenders. “In the past two years, ArchCity Defenders has consistently stood up for protesters who have been charged by police as a means of covering up their use of unauthorized force.”
