Several motions are set to be heard next week in an ongoing lawsuit against the City of Marion for alleged police brutality. A local man, Chadrick Martin, has brought suit against the city and against Edward Dozier, a former Marion Police Officer, as defendants. Martin alleges assault and battery, malicious prosecution, and false imprisonment against the city, and is seeking unspecified damages.
Circuit Judge Don McMillan set a Motions Hearing for Friday, May 2 on a slew of motions filed by both Martin and the city.
The city, through its attorney, Henry Sanders of Selma, filed an answer on April 11, denying all allegations in Martin’s complaint.
Martin’s suit was filed on July 25, 2023.
On April 15, Martin’s attorney, Robert Turner, Sr., filed a motion with the Court for leave to file an amended complaint. This is a request from a plaintiff in a lawsuit to add to or change the content of the complaint in a lawsuit. In this case, Martin is seeking to add a fourth and fifth count to the suit. The fourth count is a claim that Martin’s Fourth and Fourteenth Amendment rights were violated in the course of his arrest. The fifth count is likewise a claim that Martin’s first amendment rights were violated.
The day before, on April 14, Martin’s attorney also filed notice of intent to present video evidence depicting the scene of his arrest.
On April 12, the City filed a motion to have Martin’s suit dismissed. On April 15, following the Plaintiff’s motions for leave to amend and to introduce video evidence, the City filed its own motions in opposition to each. The City also alleges that Martin is unable to proceed because it says he failed to properly serve them with notice of the suit.
McMillan is expected to rule on all these pending motions at the May 2 hearing.
The complaint alleges Dozier used excessive force when he allegedly tasered Martin and “held him down for approximately five minutes with his knee” during an Oct. 14, 2017 arrest at Perry Ridge Apartments. Court records indicate that the city dismissed its disorderly conduct, obstructing government operations, and resisting arrest charges against Martin in May of 2023.
