Almond Et Al V. Clark, Et Al

Case Background

On March 11, 2019, Gregory and Almond Teresa, a couple married for over thirty years, filed a civil rights lawsuit claiming an illegal search of their property and the use of excessive force by the Randolph County police. The United States District Court for the Middle District of Alabama (Opelika Division) heard the case. The lawsuit was assigned to Honorable Judge R. Austin Huffaker, Jr and referred to Magistrate Judge Kelly F. Pate. [Case number: 3:19cv175]

Cause

On January 31, 2018, Teresa Almond was at her home at 1675 County Road 71, Woodland, Alabama, in rural Randolph County. That day Deputy Morrow arrived to serve legal papers related to a civil matter to Greg Almond. Teresa informed him that Greg was out and Deputy Morrow to return later. Deputy Morrow reported smelling marijuana inside the house. This prompted a call to the Randolph County Narcotics Unit (RCNU). Kevin Walker, an officer from Wedowee and part of RCNU, initiated an investigation. Neighbors recalled seeing heavily armed police preparing to dismantle the Almonds’ drug operation. Randolph County Deputy Larry Clark kicked in the front door and threw a flashbang. The device landed near Gregory, affecting his hearing. Clark then tackled Gregory and took him to the ground. Holding a gun to Gregory’s head, Clark threatened to shoot him if he resisted. They claimed to find a partially smoked marijuana cigarette, a small plant believed to be marijuana, and a small bag of leafy substance outside. The total marijuana found had a street value of $50 or less, and possessing such a small amount is a misdemeanor in Alabama. None of the marijuana seized belonged to Greg or Teresa. No contraband was found on Greg or Teresa. The officers directed them to open two safes containing over 80 guns, $8,000 in cash, jewelry, and prescription medications. They discovered one Lunesta pill outside its bottle, which is a controlled substance used for sleep. The property was seized without proper inventory in the Almonds' presence. Authorities arrested Greg and Teresa, detained them overnight, and later they posted bond. Initially, they faced false charges of manufacturing a controlled substance. Later, the charges changed to possession of marijuana and Lunesta. Despite their son's confession that the marijuana was his, the prosecution continued.

Damages

As a result of the Defendants’ actions, the Almonds suffered physical, mental, and emotional distress. Their home and family life suffered, and they experienced significant impairment in their ability to perform daily activities and visit public places. The Almonds sought compensatory and punitive damages as deemed reasonable by a jury, along with attorneys’ fees and costs.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Gregory Jack Almond | Teresa Roberts Almond
  • Counsel for Plaintiff(s): Robert Brett Adair | Heather Newsom Leonard

• Defendant(s): Larry Clark, Jr. | Kevin Walker
  • Counsel for Defendant(s): Robert McCollough Spence | Charles David Stubbs | Lisa Marie Ivey

Claims

The Almonds filed a lawsuit against Walker from the Wedowee department and Randolph County Deputy Clark. The Plaintiffs claimed that Walker's search was illegal because it lacked a warrant. Gregory also alleged excessive force, arguing that the use of the flashbang was unnecessary and excessive. He pointed out that the flashbang was not included in the police’s raid plan prepared at the church before they arrived at the home.

Defense

The Defendants denied allegations against them and asserted affirmative defenses. Walker maintained that the illegal search claim was baseless as he believed had received a telephonic warrant. Regarding the excessive force claim, Deputy Clark argued that using the flashbang was necessary to ensure the safety of himself and his fellow officers. Gregory, however, contended that the flashbang, which is potentially lethal, detonated only inches from his head. This explosion briefly blinded him and caused personal injury.

Jury Verdict

On January 25, 2024, the Alabama jury returned a verdict in favor of the Plaintiffs. On the illegal search claim, the jury awarded compensatory damages to the couple but did not award punitive damages. The jury awarded Gregory $450,000 and Teresa $300,000 against Kevin Walker. On the excessive force claim against Defendant Larry Clark presented by Gregory alone, the jury held that Gregory's right to be free of excessive force had been violated. The court awarded Gregory $50,000 in compensatory damages and $200,000 in punitive damages against Defendant Clark. On March 14, 2024, Judge R. Austin Huffaker, Jr entered a final judgment consistent with the verdict

Court Documents:

Available upon request