A deaf Black man with cerebral palsy, who was violently arrested by two Phoenix police officers in August, has taken legal action by filing a $3.5 million notice of claim against the officers and the city.
Tyron McAlpin has since claimed that he made multiple attempts to communicate with the officers about his deafness before they proceeded to physically assault him and use a Taser on him. This incident occurred as a result of an unfounded accusation made by another individual.
According to McAlpin’s attorney, a notice of claim has been filed on Tuesday on behalf of his client against the city of Phoenix and the three Phoenix police officers involved in the incident, as reported by ABC News.
According to the notice of claim, we have the authority to settle Tyron’s claims for a specific amount of $3,500,000. By paying this sum, all potential claims that Tyron may have against the individual officers and the City of Phoenix will be resolved. These claims include but are not limited to wrongful arrest, malicious prosecution, excessive force, negligence, assault, battery, defamation, and intentional infliction of emotional distress.
ABC News reached out to the city of Phoenix for a comment on the notice of claim; however, a spokesman declined to provide a statement.
According to KNXV-TV, records indicate that the incident took place when officers were sent to investigate a report of a man causing trouble at a Circle K convenience store and refusing to leave.
Police records indicate that initially, the suspect was described as a white man causing a disturbance at the store. However, this individual later alleged that he was attacked by a Black man and identified Tyron McAlpin as the assailant. Store employees and surveillance video, however, contradicted this claim, as reported by KNXV-TV.
“The officers escorted me to the ground… And I communicated to them that I was attempting to reach my ears to convey that I am unable to hear, I can’t hear, while pointing to my ears,” McAlpin expressed with the assistance of an interpreter and sign language, as reported by KNXV-TV. “I was making gestures, indicating that I couldn’t hear, pointing to my ears, and that’s when the police officers apprehended me. I was attempting to demonstrate, hey, I am unable to hear, pointing to my ears, and they apprehended me.”
According to KNXV-TV, McAlpin provided his account in the hospital to a medical worker after his arrest. The body camera video shows two police officers present during the medical examination.
Tyron McAlpin attempted to communicate with the officers, emphasizing that he is deaf.
In the video, the Phoenix man can be heard expressing his difficulties with vision in his left eye and mentioning pain in his neck and chest to the medical staff, as reported by KNXV-TV.
As the officers were heading to the call, a video captured Ben Harris, one of the officers involved in detaining McAlpin, repeatedly saying to himself, “White male, 20s, grey shirt, blue shorts.”
In the recently unveiled video, it seems that Harris was aware of the suspect’s identity as a white male.
In a body-worn camera footage captured after the arrest, the store employees informed law enforcement that the white male had engaged in a physical altercation the previous night, as reported by KNXV-TV. The staff in the video clarifies that McAlpin is a frequent visitor to the store, often holding the door for others and attempting to assist the employees in removing the man from the premises.
According to body camera footage obtained by ABC News in October, Harris initially informed another officer at the scene that he thought he had fractured a bone in his hand after hitting the Phoenix man on the head.
During an October hearing, Harris presented a different narrative in court.
According to KNXV-TV, Harris testified that during his attempt to regain control of the suspect’s arm after he threw punches, it seemed like his fingers got jammed in the suspect’s forearm and bent all the way to his palm.
According to a spokesperson for the Phoenix Police Department, the two Phoenix police officers who were involved in the arrest were placed on paid administrative leave in October while an investigation into the incident was underway.
According to Darrell Kriplean, the president of the union, he previously defended the officers’ actions by stating that it is important for people to be aware of how to respond when approached by uniformed officers. He also mentioned that at the time of the incident, the officers were unaware that McAlpin was deaf and believed they had to use force to ensure compliance.
McAlpin faced serious charges of felony assault and resisting arrest after his encounter with Phoenix police on August 19. However, these charges were later dropped on October 17.
Maricopa County Attorney Rachel Mitchell announced the decision to drop the charges against McAlpin. In a statement, Mitchell stated that she personally reviewed the case after a member of the local chapter of the NAACP raised concerns about the incident. Mitchell extensively analyzed “a large volume of video recordings, police reports, and other materials that have been forwarded to my office.”
Mitchell stated that he also organized a significant meeting with senior attorneys and community members to seek their perspectives on the case. After thoroughly reviewing the matter, Mitchell has concluded that he will drop all the remaining charges against Mr. McAlpin.
As Tyron McAlpin walks, a Phoenix police officer approaches him. According to McAlpin’s attorney, his client, who is deaf, was unaware of the situation and unable to hear the commands.
“It is our genuine hope that the County Attorney’s Office will address the contents of the video and take into consideration the concerns expressed by the community regarding its contents. We urge them to dismiss all charges against Tyron,” stated Jesse Showalter, attorney for McAlpin, in a statement to ABC News on October 14.
ABC News contacted Showalter for further comment after the recently released video became accessible.
Interim Phoenix Police Chief Michael Sullivan stated on October 16 that an internal investigation was initiated by the Professional Standard Bureau (PSB) soon after the incident occurred.
In a statement, Sullivan emphasized the significance of their work in uncovering all the facts before making any conclusions. He kindly requested the public to exercise patience throughout this process.
“I understand that the video is disturbing and it raises many questions,” he added, reassuring the community that they will obtain the necessary answers.
Sullivan stated that he will personally review the findings of the PSB, along with the Office of Accountability and Transparency and the Civilian Review Board, in order to ensure a thorough and comprehensive assessment.
The Phoenix Police Department was asked by ABC News if they had charged the white man who made the allegedly false allegations. In response, a spokesperson from the department stated that, as of now, no further arrests have been made during the ongoing investigation.