The city of Marion is headed to court in July after a lawsuit by a local man alleging assault and battery, malicious prosecution, and false imprisonment on the part of the city’s police department.
The suit was filed on July 25, 2023 by Attorney Robert H. Turner, Sr., who represents the plaintiff, Chadrick Martin.
The complaint names the City of Marion and Edward Dozier, the officer Martin alleges used excessive force when he allegedly tasered Martin and “held him down for approximately five minutes with his knee” during an Oct. 14, 2017 arrest at Perry Ridge Apartments. Court records indicate that the city dismissed its disorderly conduct, obstructing government operations, and resisting arrest charges against Martin in May of 2023.
In an interesting turn, the city “lost” the lawsuit in November when Martin obtained a default judgment against the city and Dozier. A default judgement occurs when a defendant fails to answer or otherwise respond to the complaint in a lawsuit, thereby forfeiting their right to dispute claims in court.
The case was then set for a hearing to determine damages in late January, but freezing weather led to a postponement of all court set for that day. The damages hearing was re-set for Tuesday, Feb. 13.
One day before the hearing, the city’s attorney, Henry Sanders of Selma, filed a Notice of Appearance, indicating his intent to appear in court to represent the city in the case. Sanders also filed a motion to set aside the default judgement. Under Alabama law, defendants may ask the court to set aside a default judgment within 90 days of it being filed, allowing the case to be tried on its merits rather than resolved through procedure.
Circuit Judge Don McMillan granted that motion, and set the case for a pre-trial hearing on July 16, with a trial set for the following week, July 22, 2024.
