HUNTSVILLE, Arkansas — Justin Freeman wanted his guardian present before speaking to a school resource officer at his high school. Instead, the then 17-year-old ended up getting choked, tasered and arrested because the officer didn’t want to wait.
This week, an Arkansas jury found in Freeman’s favor, showing he did nothing wrong.
“This is vindication,” said Simon Law Attorney Pat McPhail. “Our client, a high school student, was publicly accused of being an unruly juvenile and starting an altercation with the defendant, a Sheriff’s Deputy.”
“He was being questioned by the defendant at school regarding an argument with a teacher, but declined to submit to questioning and called his guardian to come up to the school. As a minor, he had every right to refuse to answer questions from law enforcement until his guardian arrived. But the defendant didn’t want to wait. So, he arrested our client without probable cause, choking and tasering him in the process.”
The jury sided with Freeman on all counts, which included: excessive force, battery and false arrest. The jury awarded Freeman $18,000 in compensatory damages and $50,000 in punitive damages.
“Punitive damages is a finding that requires clear and convincing evidence that the defendant acted maliciously or with the intent to cause injury,” McPhail said.
The Huntsville School Resource Officer, Madison County Sheriff’s Deputy Lynn Whittle, quit the force before he could be fired.
“I asked the jury to make him answer for his actions,” McPhail said. “The jury’s verdict sent a message that we won’t tolerate officers who act like this because it smears the reputation of the entire law enforcement profession, which includes so many men and women who deserve our utmost respect.”
Trial began Monday, July 22 and concluded Tuesday, July 23.
The assault happened Feb. 9, 2022, after a teacher argued with Freeman about which class he was supposed to be attending and called the police.
Whittle responded to the school and began questioning Freeman, who called his guardian and sat in silence. Whittle then threatened to take Freeman to the courthouse when he refused to answer questions.
Minutes before Freeman’s guardian arrived, Whittle “grabbed [Freeman] by the throat, pushed his head back against the wall, and lifted Freeman from his chair by his throat … Whittle proceeded to forcefully slam him to the ground, striking his head on a ledge in the process,” according to the lawsuit.
Whittle then used his Taser on Freeman and handcuffed him.
The Simon Law Firm is based in St. Louis, Missouri. Fourteen attorneys handle civil matters including personal injury, medical malpractice, civil rights violations, product defects, premises liability, patent infringement, mass tort, class action, business litigation and intellectual property cases. The firm consistently ranks among the top in the country, named one of the “winningest firms,” in the U.S. by The National Law Journal and earning accolades from publications including Missouri Lawyers Media, Super Lawyers, Best Lawyers and Top Workplaces.
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