KANSAS CITY, Mo. — One Kansas City, Missouri, man has filed a lawsuit petition against the Independence Police Department Monday for stopping him in February 2020 for jaywalking without probable cause, and for using excessive force and racial discrimination.
Documents state that IPD officer Tanner Philip stopped Justin Layton for jaywalking near 39th Street and Lee's Summit Road without probably cause after he was suspicious of Layton for hiding his face, and because of a recent rise in crime on 39th Street.
While the petition says the traffic signal was still green, the IPD police report claims the traffic symbol indicated not to cross.
According to the police report, Layton did not stop walking after Philip turned on his overhead lights and told him he was being detained. The petition says that Layton was not initially aware of Philip's attempts to stop him.
Documents say that after Layton reached into his pocket to put his phone away, Philip tased and tackled Layton, suspecting he may have a weapon in his pocket. Documents also claim Philip beat Layton, placed an illegal choke hold on him and called him racial slurs.
Police reports say that Layton was allegedly "actively resisting arrest," and attempted to flee, while the petition claims that Layton pushed back against the officer as he attempted to breath.
Two additional officers arrived to arrest Layton, according to the documents.
Layton received charges for a traffic infraction, interference with a law officer and possession of a controlled substance, which the petition says was prescription medication to treat his epilepsy.
The petition stated that IPD Chief of Police Brad Halsey, Philip and three other IPD officers are liable for causing harm to Layton and that Layton's fourth and 14th amendment rights were violated.
