AlaFile E-Notice

01-CV-2022-900890.00

To: WILLIAM MONROE DAWSON JR.

bill@billdawsonlaw.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

EMMANUEL WRIGHT V. MIKE BRYAN ET AL

01-CV-2022-900890.00

The following complaint was FILED on 3/25/2022 4:01:31 PM

Notice Date: 3/25/2022 4:01:31 PM

JACQUELINE ANDERSON SMITH

CIRCUIT COURT CLERK
JEFFERSON COUNTY, ALABAMA
JEFFERSON COUNTY, ALABAMA
716 N. RICHARD ARRINGTON BLVD.
BIRMINGHAM, AL, 35203

205-325-5355
jackie.smith@alacourt.gov
 DOCUMENT 1
ELECTRONICALLY FILED
3/25/2022 4:02 PM
01-CV-2022-900890.00
State of Alabama Case Number: CIRCUIT COURT OF
COVER SHEET JEFFERSON COUNTY, ALABAMA
Unified Judicial System
CIRCUIT COURT - CIVIL CASE 01-CV-2022-900890.00
JACQUELINE ANDERSON SMITH, CLERK
(Not For Domestic Relations Cases) Date of Filing: Judge Code:
Form ARCiv-93 Rev. 9/18
03/25/2022

GENERAL INFORMATION
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
EMMANUEL WRIGHT v. MIKE BRYAN ET AL

First Plaintiff: Business Individual First Defendant: Business Individual

Government Other Government Other

NATURE OF SUIT: Select primary cause of action, by checking box (check only one) that best characterizes your action:

TORTS: PERSONAL INJURY OTHER CIVIL FILINGS (cont'd)

WDEA - Wrongful Death MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/
TONG - Negligence: General Enforcement of Agency Subpoena/Petition to Preserve

TOMV - Negligence: Motor Vehicle CVRT - Civil Rights

TOWA - Wantonness COND - Condemnation/Eminent Domain/Right-of-Way

TOPL - Product Liability/AEMLD CTMP - Contempt of Court

TOMM - Malpractice-Medical CONT - Contract/Ejectment/Writ of Seizure

TOLM - Malpractice-Legal TOCN - Conversion

TOOM - Malpractice-Other EQND - Equity Non-Damages Actions/Declaratory Judgment/

Injunction Election Contest/Quiet Title/Sale For Division
TBFM - Fraud/Bad Faith/Misrepresentation
CVUD - Eviction Appeal/Unlawful Detainer
TOXX - Other:
FORJ - Foreign Judgment
FORF - Fruits of Crime Forfeiture
TORTS: PERSONAL INJURY
MSHC - Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
TOPE - Personal Property
PFAB - Protection From Abuse
TORE - Real Properly
EPFA - Elder Protection From Abuse
OTHER CIVIL FILINGS QTLB - Quiet Title Land Bank
ABAN - Abandoned Automobile FELA - Railroad/Seaman (FELA)
ACCT - Account & Nonmortgage RPRO - Real Property
APAA - Administrative Agency Appeal WTEG - Will/Trust/Estate/Guardianship/Conservatorship
ADPA - Administrative Procedure Act COMP - Workers’ Compensation
ANPS - Adults in Need of Protective Service CVXX - Miscellaneous Circuit Civil Case

ORIGIN: F INITIAL FILING A APPEAL FROM O OTHER

DISTRICT COURT

R REMANDED T TRANSFERRED FROM

OTHER CIRCUIT COURT

Note: Checking "Yes" does not constitute a demand for a

HAS JURY TRIAL BEEN DEMANDED? YES NO jury trial. (See Rules 38 and 39, Ala.R.Civ.P, for procedure)

RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED

ATTORNEY CODE:
DAW002 3/25/2022 4:02:04 PM /s/ WILLIAM MONROE DAWSON JR.
Date Signature of Attorney/Party filing this form

MEDIATION REQUESTED: YES NO UNDECIDED

Election to Proceed under the Alabama Rules for Expedited Civil Actions: YES NO
 DOCUMENT 2
ELECTRONICALLY FILED
3/25/2022 4:02 PM
01-CV-2022-900890.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
JACQUELINE ANDERSON SMITH, CLERK
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

EMMANUEL WRIGHT,
)
)
Plaintiff, )
) Civil Action Number:
v. )
)
)
MICHAEL JONES, individually and in )
His capacity as Chief of Police of the
Town of Brookside; MIKE BRYAN, in his
official capacity as Mayor of the Town
of Brookside; and IVORY PRICE,

Defendants.

COMPLAINT

1. Plaintiffs is an adult citizen who was victimized by the police officers and

government of the Town of Brookside, Alabama.

2. The Town of Brookside (“the Town”) is a municipal corporation located within the

Birmingham Division of Jefferson County, Alabama. In lieu of suing the Town, this action

is against the Mayor, Mike Bryan, in his representative capacity. He is the chief executive

of Brookside and can control its taking and keeping the property of arrested persons..

3. Defendant Ivory Price was a police officer for the Town of Brookside at the time

that the harm was done to Plaintiff.

4. Defendant Michael Jones was the Chief of Police for the Town of Brookside and

was the chief policymaker and executive of Brookside at the times the matters complained

of herein occurred. He controlled the activities of the police department until his recent

departure, and at all times relevant to the taking of Plaintiff’s property.

 DOCUMENT 2

5. On November 19, 2019, Plaintiff was driving on I-22 and was stopped by

Defendant Ivory Price, allegedly either for windows having too much tint or for having an

improper dealer’s tag on his vehicle. Plaintiff had recently purchased the Jeep in

Mississippi and was travelling to Atlanta when stopped.

6. Plaintiff and his vehicle were searched though there was no probable cause or

reasonable suspicion to do so. Plaintiff was told that his vehicle was listed as stolen. He

was taken to the Brookside Jail and charged with 7 misdemeanor offenses. Defendant

Price is the Brookside officer who stopped, arrested Plaintiff and took control of his

property and cash.

7. Plaintiff was held in Brookside for three days before being transferred to the

Jefferson County Jail on the charge of receiving stolen property in the first degree. During

those three days, Plaintiff was held without shoes and was forced to sleep on the floor.

He was denied his normal medicine and was in great discomfort..

8. When arrested, Plaintiff’s vehicle held a large amount of his belongings. Included

were expensive clothes, luggage, shoes, a Rolex watch, cell phones and considerable

personal jewelry. Plaintiff was an entertainment promoter and used expensive furnishings

in conjunction with his employment. He also had personal papers including property

records for real estate he was purchasing in Jefferson County and in California.

9. Plaintiff also $9,500 in cash with him when he was stopped. It and the property in

the vehicle were taken by defendant Price and Brookside upon the arrest.

10. Defendant Price wrote in his police report that he found $6.657 in the vehicle,

along with GUCCI luggage and bags, a large diamond necklace, bracelet, Rolex watch,

and numerous maps, deeds and other papers.

 DOCUMENT 2

11. After Plaintiff was finally transferred, booked and released from the Jefferson

County Jail, he was given his personal clothes and identification, as the other matters of

property remained with Brookside.

12. Plaintiff called Brookside and inquired about the 2015 Jeep he had been driving

but was never given an answer about where it was or its status. He was left without funds

or transportation to find his way to Brookside.

13. Plaintiff also called Brookside numerous times in an effort to recover his property

but never got an answer. He called over a period of two years and never got an answer

about either his vehicle or his personal property.

14. The defendants nor Brookside never filed to condemn any of the property.

15. As phone calls did no good, Plaintiff got a lawyer to write the Town Clerk on

February 17, 2022 to request return of his property and state that suit would be filed.

There has been no response. Hence this litigation.

16. Plaintiff’s lawyer did write the wrecker service and was informed that the Jeep was

taken to its lot to be held for Brookside, but that Brookside came and got it a few days

later. The paperwork from the wrecker service bears that out.

17. Plaintiff has suffered a loss of income from being deprived of his money and

property. He was to promote entertainment in Atlanta, but that was cancelled by his arrest

and incarceration. Also, being deprived of his funds impaired his ability to travel and work.

He has lost the use of his property and had the expense of replacing expensive items of

clothes, shoes and other items. He also was unable to finance real estate that he was

buying since the deeds and financial papers were kept from him. One property in

California was foreclosed due to his inability to pay since Defendants had all of his funds.
 DOCUMENT 2

18. Plaintiff seeks declaratory and injunctive relief in order to force defendants to

return his property or to pay him for the reasonable value of such items. Plaintiff seeks

actual damages for the loss of use of his property, for mental anguish and emotional hurt,

for conversion and punitive damages in an amount to punish defendants and to deter

Brookside and others from similar lawless behavior.

19. COUNT ONE: CONVERSION Plaintiff avers that Defendants wrongfully

converted his property as named in the earlier paragraphs of this complaint. He seeks

return of each item and appropriate damages for the detention, loss of use, damage to

any item, and appropriate monetary damages, both actual and punitive, for loss of income

resulting from the conversion of his property by Defendants.

20. COUNT TWO: INJUNCTIVE RELIEF: Plaintiff is entitled to an injunction

requiring Defendants to be ordered to return his property without further delay following

their wrongful detention of it.

21. COUNT THREE: IMPROPER BAILMENT: Even though the property may have

been legally seized or obtained by Brookside, defendants were in a bailment relationship

with Plaintiff and had a duty to safeguard his property. The failure and refusal to account

for such and return it to him indicates that Defendants have violated that obligation and

caused him harm for which damages are due. .

22. COUNT FOUR- ACCOUNTING The total failure of Defendants to respond to

the legitimate requests of Plaintiff requires that they be ordered to account for each item

of Plaintiff which was taken from him, providing information about where each item is at

present and the circumstances of its destruction or removal.

WHEREFORE, plaintiff seeks the following relief:

 DOCUMENT 2

a. That defendants be required to account for each item of property taken from

Plaintiff and his vehicle;

b. The return of all such property or the fair market value of each such item which is

not returned,

c. Appropriate monetary damages for Plaintiff’s loss of use of such property and for

any incidental losses incurred by Plaintiff as a result of not having the use of his

property and funds,

d. Actual damages for mental anguish and inconvenience for the violation of his

rights as alleged herein,

e. Appropriate punitive damages for the conversion of his property

f. Any other relief to which Plaintiff might be entitled, including all costs of this action

and reasonable legal fees.

By: /s/ W. M. Dawson

Attorney for Plaintiff
1736 Oxmoor Road
Birmingham, AL 35209
205 795-3512
Bill@billdawsonlaw.com
Address of Plaintiff:
% W. M. Dawson
1736 Oxmoor Rd,
Birmingham, AL 35209

Address Defendants Jones and Bryan for service:

% Brookside City Hall
2711 Municipal Lane
Brookside, AL 35036

Address of Defendant Ivory Price

% Lipscomb Police Dept
5512 Avenue H
Lipscomb, AL 35020