Warren Police Department facing another $50 million lawsuit due to alleged police brutality
SOUTHFIELD, Mich. (CBS DETROIT) – Another day and another $50 million lawsuit against the Warren Police Department.
A woman claims officers brutally beat her during an encounter back in April that was caught on camera.
Jewel Banks says that on April 2, 2023, she was waiting for her girlfriend and cousins when Warren Police approached her car, claiming they were investigating a noise complaint.
"I was confused on what was going on because I wasn't committing a crime. It wasn't like it was a traffic stop or anything. I was just resting my eyes in my vehicle in front of my family's house," Banks said.
Officers yanked Banks out of the car after she said her foot accidentally hit the gas pedal, causing the engine to rev.
It wasn't long before she ended up on the ground.
"They tried to break my arm," Banks said, listing the injuries she suffered. "It was two officers trying to break my arm, so it was a dislocated elbow. I have some torn ligaments in my shoulder and the concussion."
"After it happened, I had to help her remember things constantly, daily. I had to record her sleep because she's jumping in her sleep. Don't know if she's having seizures, so it's been kinda rough," Lakela Sprivey, Banks' girlfriend, said.
Banks was ready to put the incident behind her, but when video surfaced of a now-fired Warren police officer punching and beating a 19-year-old man, she decided to speak up. On Wednesday, the attorney for the 19-year-old announced their suing Warren PD for $50 million.
"That's a culture of abuse and disrespect to the community. Disrespect to the people who they're supposed to be policing and disrespect to the badge," Michael Fortner, Banks' attorney at Spectrum Legal Services, said.
Warren Police Commissioner Bill Dwyer told CBS News Detroit that Banks is a wanted woman, facing five arrest warrants stemming from the April 2 incident.
"At this point in time, there's nobody that these Warren Police Officers can pull over and approach and feel like they're going to be treated in a safe, secure matter; you can't feel safe with these thugs," Fortner said.
Fortner is seeking $50 million in damages for his client, which they hope will compel a change in the department's culture.
The Warren Police Department issued the following statement on the lawsuit:
"Commissioner William Dwyer would like to provide the following statement in response to a press conference held by attorney Michael Fortner of Spectrum Legal Services. At this press conference, a $50 million lawsuit against the Warren Police Department was announced on behalf of Ms. Jewel Banks. The lawsuit contained several allegations against members of the Warren Police Department. While the City has not yet been served with this lawsuit, it is necessary to inform the public about Jewel Banks' actions which led to her arrest and her ultimately being charged with 4 misdemeanor offenses related to this incident, much of which was not disclosed at this press conference.
This press conference and statements by Ms. Banks do not at all align with the facts of the case. First, Warren Police Officers were called to the area of Ready Street near Van Dyke on 04/02/2023 at approximately 03:17 am for a suspicious vehicle. An anonymous caller contacted Warren PD dispatch and advised that there was a black 4-door sedan with its engine running that was occupied by at least 3 persons. The caller also reported that the vehicle had its lights on and was playing music. The caller advised that this vehicle had been there for two hours and would periodically drive away and return. This was not a self-initiated police activity as insinuated by Ms. Banks. Second, Ms. Banks' claim that she was in the vehicle "resting her eyes" skips over some critical factual information. Upon officers approaching the vehicle and contacting Ms. Banks' in the driver's seat, officers detected signs of alcohol intoxication including slurred speech, blood shot and watery eyes, and the strong odor of alcohol emanating from her person and the vehicle.
Third, this press conference ignored the fact that officers requested Ms. Banks to exit the vehicle several times. These requests were completely ignored by Ms. Banks as she remained in the driver's seat of a running vehicle while intoxicated. Ms. Banks' was hostile towards officers and displayed her uncooperativeness by rolling up the window on officers and refusing to produce identification. Ms. Banks then put her foot on the accelerator in what was believed to be an attempt to drive away from or at officers. Thankfully, the vehicle was in park and unable to move. Ms. Banks kept her foot on the accelerator, which caused the engine to rev, despite officers' commands for her to stop and exit the vehicle. Fearing that Ms. Banks may shift the vehicle into drive, officers ordered her out of the car however she refused. Ms. Banks kept her grip on the steering wheel as officers attempted to physically remove her from the vehicle. Once out of the vehicle, Ms. Banks was still not cooperative and attempted to re-enter the vehicle. Ms. Banks was taken to the ground and handcuffed per procedure. The assertion that an officer intentionally tried to break her arm is baseless and not supported by video.
It is true that Ms. Banks sustained a minor contusion and laceration to her head during her resistive actions towards the arresting officers. Officers immediately had the Warren Fire Department respond to the scene wherein Ms. Banks continued to be uncooperative. Officers then transported Ms. Banks to Ascension Macomb Hospital for a blood draw as part of their OWI investigation. Once at the Hospital, Ms. Banks refused to submit to a chemical test as required by law. Per procedure, officers obtained a search warrant for Ms. Banks' blood and had Hospital Staff perform a blood draw per procedure so that Ms. Banks' blood could be analyzed at the Michigan State Police Forensic Lab to check for the presence of intoxicants. Ms. Banks was released at the Hospital and was under the care of Hospital staff. She was ultimately later discharged by Hospital Staff. Officers had no part in the medical decision to discharge Ms. Banks.
Lastly, and perhaps most compelling, is the fact that all of the facts of this case were reviewed by the Warren City Attorney's Office. On 06/09/2023, the Warren City Attorney's Office issued a 4-count warrant against Ms. Banks for the charges of Operating while Intoxicated, Hindering/Resisting Officers, Possession of open alcohol in a vehicle, and no operator's license on person. The Michigan State Police Crime Lab confirmed that, at the time of arrest, Ms. Banks' had a blood alcohol concentration of 0.136, 1.5x the legal limit. To date, Ms. Banks has yet to turn herself in for arraignment on these charges despite being notified of the charges via mail on 06/14/2023. She does have open warrants for her arrest related to this case.
Ms. Banks did make a citizen complaint regarding this incident. All use of force incidents and citizen complaints at the Warren Police Department are reviewed internally by shift supervisors and Patrol Administration to ensure that officers are acting in accordance with policy. The Warren Police Department reviewed this incident just like any other use of force and citizen complaint incident. After a detailed review which included a review of multiple officers' body worn cameras, this complaint was closed and the officers were exonerated of any potential policy violations.Commissioner Dwyer stated that "Ms. Banks' statements at the press conference are vastly different from the facts contained in the police reports and body-worn camera video. At the time of her arrest, Ms. Banks was intoxicated while operating a vehicle. Drunk drivers pose a danger to themselves, the investigating officers, and most importantly the public et large. Officers are obligated to take intoxicated drivers off the road before they injure or kill somebody. Ms. Banks made the choice to hinder officers and not exit the vehicle. Ms. Banks also made the choice to not cooperate during the arrest process which caused officers to use minimal force to arrest her. Officers had Ms. Banks medically evaluated by the Warren Fire Department and Hospital staff during her OWI blood draw. This incident was reviewed by shift supervisors on the night it happened as well as separate Administrative supervisors upon Ms. Banks' citizen complaint, none of which sustained any policy violations. Perhaps Ms. Banks' lack of recall or confusion with this incident is due to her being 1.5x over the legal limit. I also find it ironic that Ms. Banks speaks of accountability yet she has ignored her accountability by failing to appear for arraignment on her 4 criminal charges."