A North Carolina woman is suing a Mooresville police officer for excessive force, alleging in a lawsuit that he “permanently disabled” her arm during a forceful arrest.
Cindy Gardner, who was 49 at the time, says she called Mooresville police in April 2020 because a group of people was being noisy outside her apartment.
Gardner, a healthcare employee who works with sick and elderly people, said she also feared a possible Covid-19 spread in her apartment complex because of the people gathered outside, according to a federal lawsuit filed on Tuesday. The news was first reported by The Charlotte Observer.
When an officer arrived, Gardner asked if there was a city curfew in place, to which the officer said there was not. The officer, identified in the lawsuit as Russell Clark, then walked toward his patrol vehicle.
Gardner followed and asked Clark if he could impose a curfew. The officer “rudely refused the request,” the lawsuit says.
Gardner eventually went back to her apartment. The lawsuit states that someone in the group accused Gardner of kicking them.
The officer came back to the building and asked Gardner for “information.” She was not sure what he meant, so she invited him inside her apartment to discuss the situation, according to the lawsuit.
Clark said no and asked her to retrieve her license. Gardner grabbed a cigarette and told Clark that she is “tired of all the noise” and asked him why he isn’t asking the other people for their license, the suit says.
“The defendant officer then decided to escalate the situation by yelling, ‘give me your license or you will go to jail. Before the confused plaintiff could comply or refuse the defendant officer unlawfully reached inside her home, without a warrant, and pulled the 105-pound plaintiff out of her home,” the lawsuit says.
“The defendant officer aggressively pushed the plaintiff to the ground and began pulling her arms behind her back.”
The lawsuit says that Gardner fractured her arm and had to undergo surgery. Her arm is now “permanently disabled,” according to the suit.
She is suing for unspecified damages claiming Clark used excessive force and violated her Fourth Amendment rights. The officer along with the city of Mooresville are named as defendants in the lawsuit. Clark and the Mooresville Police Department could not immediately be reached for comment on Friday. The city declined to comment.
Gardner was booked on misdemeanor charges related to not showing her identification, according to the lawsuit. That case is pending.
Minyvonne Burke is a breaking news reporter for NBC News.
A North Carolina woman is suing a Mooresville police officer for excessive force, alleging in a lawsuit that he “permanently disabled” her arm during a forceful arrest. Cindy Gardner, who was 49 at the time, says she called Mooresville police in April 2020 because a group of people was being noisy outside her apartment.Gardner, a healthcare employee who works with sick and elderly people, said she also feared a possible Covid-19 spread in her apartment complex because of the people gathered outside, according to a federal lawsuit filed on Tuesday. The news was first reported by The Charlotte Observer. When an officer arrived, Gardner asked if there was a city curfew in place, to which the officer said there was not. The officer, identified in the lawsuit as Russell Clark, then walked toward his patrol vehicle. Gardner followed and asked Clark if he could impose a curfew. The officer “rudely refused the request,” the lawsuit says. Gardner eventually went back to her apartment. The lawsuit states that someone in the group accused Gardner of kicking them. The officer came back to the building and asked Gardner for “information.” She was not sure what he meant, so she invited him inside her apartment to discuss the situation, according to the lawsuit. Cindy Gardner.United States District Court for the Western District of North CarolinaClark said no and asked her to retrieve her license. Gardner grabbed a cigarette and told Clark that she is “tired of all the noise” and asked him why he isn’t asking the other people for their license, the suit says. “The defendant officer then decided to escalate the situation by yelling, ‘give me your license or you will go to jail. Before the confused plaintiff could comply or refuse the defendant officer unlawfully reached inside her home, without a warrant, and pulled the 105-pound plaintiff out of her home,” the lawsuit says. “The defendant officer aggressively pushed the plaintiff to the ground and began pulling her arms behind her back.” The lawsuit says that Gardner fractured her arm and had to undergo surgery. Her arm is now “permanently disabled,” according to the suit. She is suing for unspecified damages claiming Clark used excessive force and violated her Fourth Amendment rights. The officer along with the city of Mooresville are named as defendants in the lawsuit. Clark and the Mooresville Police Department could not immediately be reached for comment on Friday. The city declined to comment.Gardner was booked on misdemeanor charges related to not showing her identification, according to the lawsuit. That case is pending.Minyvonne Burke is a breaking news reporter for NBC News.