A Seneca police officer broke a man's arm while taking him into the Newton County Jail following a 2020 DWI arrest, according to a civil rights lawsuit filed today in U. S. District Court for the Western District of Missouri.
Listed as defendants in the case, which was filed by Leonard Raines, a former Seneca resident who now lives in Oklahoma City, Oklahoma, are in addition to the officer, R. McNamara, are the Seneca Police Department, Newton County Sheriff's Office, former Newton County Sheriff Ken Jennings and 20 John Does.
The lawsuit, according to the petition, "arises out of an unprovoked and malicious physical assault perpetrated by Officer R. McNamara and others against Plaintiff Leonard Raines. It was filed less than two weeks before the five-year deadline.
From the petition:
On or about December 24, 2020, Plaintiff was stopped by Officer R. McNamara. Officer McNamara arrested and detained Mr. Raines for driving while intoxicated. Plaintiff was booked into and detained in the Newton County Jail at approximately 11 p.m. that evening.
The booking process was done without any restraint except for very briefly being cuffed to a bench. Mr. Raines peacefully and voluntarily answered questions and completed a blood alcohol test.
After the booking process, three officers which included Officer R. McNamara escorted Plaintiff unrestrained to the "drunk tank."
On the way from the booking area to the holding cell (drunk tank) the three escorting officers places Mr. Raines forcefully against a wall.
While doing so, with no reasonable justification or cause, Officer McNamara used an arm bar to Plaintiff's left arm with such excessive force as to break Plaintiff's left arm in half and injure his shoulder.
None of the other officers tried to stop or prevent the incident.
On information and belief, Officer McNamara can be heard on video talking to Plaintiff after the injury saying, "If you would have went and stopped mouthing.."
Officer McNamara, thereafter, took Plaintiff to the hospital where he was diagnosed with left humerus fracture and a rotator cuff injury.
Neither Seneca Police Department nor Newton County Sheriff's Department followed up on Mr. Raines with his medical care.
As a result of the unprovoked assault, Mr. Raines has suffered great pain, discomfort and severe limitations, which have made it impossible to do the same physical labor jobs he was physically and intellectually able to perform prior to his injury. This lost employment and ability to produce income has caused severe emotional distress due to Mr. Raines' inability to find and perform his vocation and the ability to provide for his family.
The lawsuit alleges three claims:
-Use of excessive force by the defendants
-Cruel and unusual punishment in violation of the Eighth Amendment
-Violation of civil rights against defendants, including alleging the Newton County Sheriff's Office, Sheriff Jennings, the Newton County Jail and the Seneca Police Department for not training McNamara or the other officers properly.
Raines, who is represented by Springfield attorney Nicholas C. Lunnen of Lunnen Law Firm, is asking for compensation for physical injuries, pain and suffering and attorney fees and is requesting a jury trial.