Amended lawsuit says different Seneca police officer broke man's arm after DWI arrest

An amended complaint filed today in U. S. District Court for the Western District of Missouri corrects the identity of a Seneca Police Department officer who allegedly broke a man's arm while taking him into the Newton County Jail following a 2020 DWI arrest.

The civil rights lawsuit, which was initially filed December 12 featured the name of someone who was not a Seneca police officer and was not involved in the incident.

The plaintiff in the case is former Seneca resident Leonard Raines, who is now a resident of Yukon, Oklahoma.

The revised petition lists Officer Jason Zimmerman, the Seneca Police Department, the Newton County Sheriff's Office, former Newton County Sheriff Chris Jennings and 10 John Does as defendants.

The lawsuit, according to the petition, "arises out of an unprovoked and malicious physical assault perpetrated by Officer Jason Zimmerman 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, Mr. Raines was stopped by Officer Jason  Zimmerman. Officer Zimmerman arrested and detained Mr. Raines for driving while intoxicated.

Plaintiff was booked into and detained in the Newton County Jail at approximately 11:00 p.m. that evening. The entire booking process was done without any restraints. Mr. Raines peacefully and voluntarily answered questions and completed a blood alcohol test.

After the booking process, three officers which included Officer Jason Zimmerman escorted Plaintiff unrestrained to the “drunk tank”.

On the way from the booking area to the holding cell (drunk tank) two of the escorting officers placed Mr. Raines forcefully against a wall.

While doing so and with no reasonable justification or cause, Officer Zimmerma used an arm bar to Mr. Raines’ left arm with such excessive force as to break his 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 Zimmerman can be heard on video talking to  Mr. Raines after the injury, saying, “If you would have went and stopped  mouthin…”

Officer Zimmerman, thereafter, took Plaintiff to the hospital where he was diagnosed with a left-humorous fracture and a rotator cuff injury.

Neither Seneca City 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 financially 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 Zimmerman 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.