EXCLUSIVE: 18-Year-Old Punched by ASP Trooper Plans Federal Civil Rights Lawsuit

JONESBORO, Ark. — An 18-year-old Osceola resident whose roadside arrest was first reported by NEA Report plans to file a federal civil rights lawsuit against the Arkansas State Police trooper who took her to the ground and struck her in the face.

The complaint, obtained exclusively by NEA Report, lists Alisa N. Hackett as the plaintiff and Trooper Moisses Arellano as the sole defendant. Attorney Luther Oneal Sutter of Sutter & Gillham PLLC is preparing to file the case in the Jonesboro Division of the U.S. District Court for the Eastern District of Arkansas.

As of Monday afternoon, Aug. 10, the case had not appeared on PACER, the federal court records system. The prepared complaint also contains a blank case number, indicating it had not yet been docketed.

The lawsuit would be brought under Section 1983, a federal civil rights law. It alleges excessive force in violation of the Fourth Amendment and retaliation for protected speech in violation of the First Amendment.

Arellano is being sued only in his individual capacity. The complaint does not name the State of Arkansas or Arkansas State Police as defendants.

The Encounter

NEA Report first reported the incident and published police video from the arrest on Aug. 6.

The encounter began around 10:42 p.m. Aug. 1 near Manila. According to Arellano’s use-of-force report, he clocked Hackett driving 71 mph in a 60 mph zone after initially seeing her vehicle traveling with its hazard lights activated.

Hackett reportedly told Arellano that her vehicle had a broken window and that she was trying to get home. Arellano reported that she was not wearing a seat belt and that her license plate was covered by a plate cover. He also reported finding a cold bottle of liquor on the front passenger seat. Hackett was 18 and therefore prohibited from possessing alcohol.

Arellano initially prepared citations for speeding, not wearing a seat belt, and possession of alcohol by someone under 21. That changed after the teen apparently tossed the clipboard at him. He later decided to arrest Hackett after speaking with another trooper who said she had received a warning during a similar encounter several days earlier.

The police report states that Hackett stepped out of her vehicle without incident. Arellano wrote that she began turning around and asking what she had done as he attempted to take hold of her wrist. He reported that she pulled her arms away while he tried to place her in handcuffs.

Arellano then took Hackett to the ground. He reported that she continued pulling her wrists away and refused repeated commands to roll over.

“After giving multiple commands for her to roll over without compliance, I delivered one closed-fist strike to the left side of her face in an attempt to gain compliance,” Arellano wrote.

The planned lawsuit disputes Arellano’s justification for using that force.

The Lawsuit

Hackett was unarmed, did not attempt to flee and never struck, kicked, spit at, bit or threatened Arellano, according to the complaint. It characterizes her resistance as “passive and reflexive” and alleges that she posed no immediate threat.

The complaint alleges that Arellano struck Hackett because she questioned him and verbally objected to his actions. It also alleges that Hackett or someone present may have been recording the encounter and that Arellano knew about the recording.

“The blow is not in dispute,” the complaint states. “What is in dispute is whether the Constitution permitted it. It did not.”

The excessive-force claim alleges that Arellano had less forceful options available and that Hackett was already under his physical control when he struck her. It further argues that he should not receive qualified immunity from the claim.

The First Amendment claim alleges that Hackett’s questions and objections were protected speech and that Arellano escalated the encounter because she would not remain silent and deferential.

The complaint also alleges that Arellano lacked probable cause to make a custodial arrest. Alternatively, it argues that even if probable cause existed for an offense, Hackett was treated differently from people who resisted handcuffing but did not verbally challenge the officer.

After the strike, Arellano drew his conducted energy weapon (Taser) and aimed its laser across Hackett’s belt line without firing it. Hackett then rolled over and placed her hands behind her back, according to the police report.

Emergency medical personnel evaluated Hackett at the scene. Arellano reported that no visible injuries were found, although Hackett complained of leg pain. The lawsuit alleges that she suffered bruising and pain, along with humiliation, anxiety, sleep disturbance, emotional distress and fear of law enforcement.

The ASP report lists allegations of refusal to submit to arrest, possession or purchase of alcohol by someone under 21, speeding, not wearing a seat belt, improper display of a license plate and violating restrictions on vehicle lamps.

The lawsuit alleges that the charges were brought to justify the force and retaliate against Hackett for questioning Arellano.

Hackett is seeking compensatory and punitive damages in an amount to be determined by a jury, along with attorney’s fees, expenses, costs and interest. She has requested a jury trial.

Because the complaint had not been filed as of publication, Arellano had not submitted a response in federal court. No judge or jury has ruled on Hackett’s allegations.

The trooper’s criminal case against Hackett did not yet appear to have been filed as of this report, either.

All suspects are innocent until proven guilty in a court of law, and all civil allegations remain unproven unless established through the legal process.