A man embroiled in a dispute with the City of Red Bay received good news as to criminal charges he was facing, although his federal lawsuit against the city and a police officer has been cored down considerably from the original complaint.
James Steven Scott was arrested June 2, 2013 and charged with obstructing governmental operations and resisting arrest. The charges stemmed from an investigation of a missing child in Red Bay who was located at Hurricane Creek Missionary Baptist Church in Vina later that evening.
The missing child had accompanied a family to the evening service at the church. The child's father told this to police after the child was reported missing, and Red Bay police chief Janna Jackson sent an officer to Vina to see if the child was there.
After the officer, Sgt. Kyle Palmer, arrived at the church, he soon learned the child was there. The situation, seemingly resolved, turned ugly from that point.
Scott and Sgt. Palmer, after a verbal disagreement, became involved in a physical altercation that resulted in Scott being transported to Red Bay Hospital later that evening.
The two misdemeanor charges were presented to a Franklin County Grand Jury in May of 2014. The grand jury returned an indictment against Scott for resisting arrest while no-billing the obstructing governmental operations charge.
Days later, Scott filed an 11-page civil complaint in United States District Court seeking damages against the City of Red Bay and Palmer on his behalf as well as his wife, Carolyn G. Scott. Scott was represented by the same attorney in both cases.
The seven-count complaint alleged civil rights violations, illegal seizure, excessive force, false arrest/false imprisonment, assault and battery/excessive force, malicious prosecution and outrage against the defendants.
After a series of motions and hearings, Scott's claim against the City of Red Bay was dismissed by a federal judge. His claim against Sgt. Palmer, save one count of outrage, was also dismissed, leaving Scott to move forward to trial with only one count remaining.
Judge Madeline Hughes Haikala entered her order on October 10, 2014. A planning conference held in late October indicated an expected trial date of this November.
Neither Scott's attorney, James Englethaler, or Palmer's attorney, C. Gregory Burgess, returned calls to the Franklin Free Press in regard to this article.
The parties must have motions filed by October 23, 2015, and witness lists must be exchanged 30 days prior to trial, which is expected to last three to five days.
Scott, the church's lone deacon, said he felt an obligation to find out what was happening when the officer came to his church.
“I walked up and simply said, 'What's going on officer?' He responded, 'We got this handled and the best thing you can do is walk back there and shut up,'” Scott said. “I asked him, 'Aren't you a little bit out of your jurisdiction?,' and he said 'I go anywhere I want to' and shoved me in the chest with both hands.”
According to Bob Massey, Hurricane Creek pastor, Palmer drew his firearm at the church and threatened the crowd.
“The officer pulled his gun and said, 'Get back.' It was not a taser, but his weapon. After he put it back in the holster, Mrs. Scott walked over and asked him to let her husband get up. He said he was going to tase him and tase her as well if she did not get back,” Massey said.
The remaining misdemeanor indictment against Scott was dismissed by Franklin County Circuit Judge Terry Dempsey last year after Dempsey ruled that a resisting arrest charge was legally insufficient since the underlying original charge had been dismissed against Scott.
According to https://litigation-essentials.lexisnexis.com, to prove a claim for outrage in Alabama, the following elements must be proven: (1) the defendant intended to inflict emotional distress or he knew or should have known that emotional distress was the likely result of his conduct; (2) the defendant's conduct was extreme and outrageous; (3) the defendant's conduct caused the plaintiff's distress; and (4) the plaintiff's emotional distress was severe.
The judge will likely hear a final motion to dismiss prior to trial. If that motion is denied, Scott will finally have his day in court with Palmer, with the potential for civil damages at stake.
