As promised, Kendrick Bates has filed a lawsuit against the local police chief who confronted him in his front yard in plainclothes in an unmarked car, placing his hand against the Black man’s neck while going through his pockets.
In the video, Sour Lake Police Chief Aaron Burleson accuses Bates of running stop signs, but the lawsuit filed in state court on Oct. 20 denies those allegations.
The eight-page lawsuit also accuses Burleson and Sour Lake police officer Marcelo Molfino of violating his Fourth Amendment rights by “forcibly restraining a nonfleeing, nonthreatening individual against his truck.”
The claim also accuses both cops of using excessive force and conducting an unreasonable search.
“The officers physically restrained Bates against his truck while each controlled one arm; Burleson additionally applied pressure to Bates’s throat,” the claim states.
The claim argues that Bates only allegedly committed minor traffic violations and posed no immediate threat, resistance or flight risk.
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“Burleson intruded into Bates’ pocket without a warrant or consent while Bates was not under arrest,” the claim continues.
Bates’ wife, Hailey Shelburne, began recording when the cops were shoving Bates against his truck.
“What happened?” asked Shelburne after turning on her camera.
“I don’t know,” Bates responded. “They rolled up and told me to put my hands behind my back.”
Chief Burleson then handcuffed Bates and placed his hand against the Black man’s neck while going through his pockets.
“Hey, get your hands off of his neck,” Shelburne said. “Call the cops, call the cops; more cops need to come here.”
Police did not arrest Bates, but they did cite him for running two stop signs.
“He did not run either of the two or three stop signs subsequently alleged by officers, or commit any crime,” states the lawsuit, which also includes the city as a defendant.
The incident took place on Oct. 5 after Bates pulled his truck into his front yard, and the cops confronted him, accusing him of running stop signs.
He posted the video to his Facebook page on Oct. 6, saying he planned to file a lawsuit, and it began to go viral.
“They came into my driveway ‘claiming’ I ran two stop signs,” he wrote in the video’s caption.
“They did not initially identify themselves, show up in an unmarked vehicle, and did not initiate emergency lights; they immediately pinned me up against the truck, put their hands around my throat, and illegally searched my pockets.”
“Even if I did run a stop sign, does it justify this type of behavior? I will be filing a lawsuit against the Sour Lake Police Department,” he continued.
Bates was accompanied by Texas activists Quanell X and Dr. Candice Matthews during a press conference last week in front of the Sour Lake Police Department when announcing the lawsuit.
“We all have a duty, no matter what your color is, to hold law enforcement to the highest standard,” Quanell X said.
“Are you telling me that the video shows him handcuffed being choked, while he’s handcuffed, being choked, and all that’s worth is a damn citation like this?”
“Do you support that?” Quanell X asked a man attending a press conference.
On Oct. 21, the day after Bates filed the lawsuit, the Sour Lake City Council announced that outside agencies, including the Lumberton Police Department in the same Hardin County, had cleared both officers of wrongdoing.
The city’s statement does not name the “independent consultant” who also investigated the incident.
“Both the Lumberton Police Department’s independent investigation and the independent consultant’s evaluation included a review of the available information, including video recordings of the incident,” the statement said.
“Both reviews concluded that the officers’ actions did not involve an inappropriate use of force and that no violations of Sour Lake Police Department policy occurred.”
The cops involved have returned to full duty, but Bates is still feeling the effects of the incident.
“It’s caused a lot of problems,” he told local media.
“It’s hard to go out of public without being noticed by somebody or being recorded because I know they’ve seen it on, you know, social media and whatnot.”
“As of yesterday, I did end up being let go from my job, so that’s another factor,” he continued.
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