Lawsuit Filed Over Use of Force from July, 2021 in Jonesboro

JONESBORO, Ark. – A lawsuit has been filed alleging wrongdoing by police during an encounter that involved a use of force in July, 2021 in Jonesboro.

Brandon Gibson is suing the City of Jonesboro, Officer Michael Talley and Officer Dustin Smith in a complaint filed on March 6, 2024. In July, 2021, Gibson was pulled over because of flashing lights on his vehicle by Smith, with Talley responding as backup. Gibson had a warrant for his arrest and was asked to step out of the vehicle, as officers prepared to take him into custody.

The lawsuit claims Gibson complied and did as he was asked, but while holding his phone in his right hand. The officer asked him to place his hands behind his back. The lawsuit claims Gibson did so, but with his phone still in his hands. Gibson claims he never knowingly refused an order to put his hand behind his back but the officer said he was resisting arrest.

But the answer to the lawsuit by the city says Gibson did not put his right hand behind his back and resisted officer attempts to place his right hand behind his back.

This is when Officer Talley placed hands on Gibson – according to the complaint, without giving him time to comply or even giving time for Smith to clear. Talley tased him, which the suit claims was more force than was reasonably necessary to make the arrest.

Gibson entered a plea of nolo contendere to driving on a suspended license and was adjudicated guilty. He received a fine. However, he was acquitted for refusal to submit to arrest on September 25, 2023.

Gibson then filed a complaint with the City of Jonesboro but the city concluded the officer’s actions were consistent with its policy.

As a direct and proximate cause of Defendants’ intentional actions, Plaintiff has suffered severe mental and emotional distress, lost work, has been seriously physically injured and incurred other expenses in an amount to be proven at trial.

Gibson, represented by Sutter & Gillham, P.L.L.C., is asking for damages exceeding $75,000 along with lawyer fees and court costs.

The City of Jonesboro, Talley, and Smith have denied any wrongdoing, in an answer filed on May 23 with the Craighead County Circuit Court. The answer to the lawsuit says an internal investigation into the officers for assault was not sustained and the defendants assert that the plaintiff’s damages were a result of his own conduct.

Read More:

Gibson Complaint

Answer Gibson Complaint

JPD Incident Report for the Arrest

Gibson edited a video containing footage from the arrest along with commentary. It is available here: