Black Kansas City man claims he was choked, called racial slur during Independence arrest
A Black Kansas City man is suing Independence and several members of its police department for allegedly violating his civil rights after he claims he was beaten and called a racial slur during an arrest two years ago.
Justin Layton said in a civil petition filed Monday in Jackson County Circuit Court that he was “minding his own business” on Feb. 14, 2020, when he was unlawfully stopped by a police officer.
During the encounter, Layton claims he was “senselessly tased, tackled, choked, beat” before his head was rammed into a police vehicle. Layton also claims he was called the n-word repeatedly by the officers.
The lawsuit names as defendants four police officers — Taylor Cox, Logan Dale, Lacy Gibson and Tanner Philip — and former Police Chief Brad Halsey. The suit alleges the officers violated Layton’s civil rights affording him freedom from unreasonable searches and seizures as well as the guarantee of equal protection under the law.
Officer Jack Taylor, a police spokesman, declined to comment on the lawsuit, citing the department’s policy of not discussing civil litigation.
Taylor said two of the officers named in the lawsuit have since left the department. Halsey retired in December.
Stopped for ‘jaywalking’
Shortly before 11 p.m. on Feb. 14, 2020, Philip was on patrol heading west on 39th Street while Layton was walking eastbound on the sidewalk. They both approached the intersection of Lee’s Summit Road and 39th Street at the same time.
When the traffic signal turned green, Layton and Philip both crossed Lee’s Summit Road. The suit contends that Philip became suspicious because Layton allegedly looked down and away, which Philip wrote in his report was “purposeful” and that Layton intentionally hid his face.
Philip also wrote in his report that “prowlers will commonly wear dark clothing, carry bags to conceal and carry stolen merchandise and burglary tools, and attempt to cover their faces not to be identified” by witnesses or security cameras.
Philip made a U-turn. As he approached the intersection, Philip alleged Layton was crossing against the pedestrian control signal that displayed a solid orange hand meaning “Don’t Cross.” The traffic signal was still green, according to the lawsuit.
Because of frigid weather conditions, Layton decided to change course and walk to his mother’s house.
Philip passed through the intersection and made another U-turn. He pulled up behind Layton to stop him for “jaywalking.” With his lights on, Philip stepped out of his patrol vehicle and allegedly without identifying himself called out, “Hey stop, bro. Stop, bro. You’re being detained. Stop.”
Layton contends he was talking to his sister on his cellphone and unaware Philip was behind him. Layton continued walking and turned onto Lee’s Summit Road. Philip got back into his patrol car and followed him. Philip again approached Layton from behind to arrest him.
Confused, Layton fumbled with his cellphone and tried to put it into his front pocket. Philip allegedly used a Taser on Layton. When it had no affect, Philip rushed Layton from behind, tackled him and knocked him to the ground, according to the suit.
Philip allegedly placed Layton in a chokehold. Meanwhile Dale and Cox arrived and allegedly jumped on Layton’s lower back and legs and placed him in ankle restraints. The three officers then moved Layton to the sidewalk, where Gibson, who had arrived, helped handcuff him, according to the lawsuit.
An unidentified officer stood behind Layton and placed his foot on the handcuffs, driving his knee into Layton’s back as the officer used Layton’s hoodie as a leash around his neck, making it difficult to breathe or speak, the lawsuit claims.
Layton contends that the officers stood around him, joked and repeatedly uttered racial slurs. While placing him in a police transport wagon, officers allegedly rammed his head into the metal cage, injuring him.
The police department’s formal determination concluded that the officers acted pursuant to policy. Philip was exonerated, and his actions were found to be “justified, lawful and proper.”
Philip initiated charges against Layton for a traffic infraction, interference with a law enforcement officer and possession of a controlled substance, which the lawsuit maintains was prescribed medication.
The medication was to help Layton control his epilepsy, which was the result of a prior incident where he was assaulted by Independence police officers.
In 2013, Layton sued the police department and its leaders alleging officers used excessive force when arresting him in 2008. At the time, court records state, Layton was suspected in an assault investigation.
Layton alleged he was severely beaten by Independence police. In that case, the overseeing judge dismissed part of the suit. The remainder was dismissed by an agreement between both parties, court records show.
‘Hot maps’ to profile minorities
Included in the allegations in the lawsuit are claims that the city and department has failed to punish race-based law enforcement actions and properly investigate citizens complaints of racism and police misconduct.
Instead, the department accepts officers’ accounts of events without question and rubber stamps those accounts through the department’s internal affairs unit, the lawsuit claims.
The police department also extensively uses “hot map” designations to avoid the requirement that arresting officers have probable cause that a crime is being committed, the lawsuit alleges. A hot map shows an area that has an above average amount of crime. Layton contends that Philip used the “hot map” designation to justify arresting him.
The policy has a disparate impact on minorities in the community and is used to “seize individuals in neighborhoods where they do not belong,” according to the suit.
The department also enforces laws such as jaywalking, which are known to be enforced arbitrarily and in ways that disproportionately affect people of color.
Last year, Kansas City decriminalized jaywalking and two other minor offenses in a push to reform city laws that are applied to people of color disproportionately.
The legislation, sponsored by Kansas City Mayor Quinton Lucas, struck jaywalking from the city’s code of ordinances and removed penalties for operating passenger vehicles, bicycles and “electric micromobility devices” like rentable scooters with dirty tires. Police also can no longer inspect bicycles where “reasonable cause” leads them to believe the bicycle might be unsafe.
