Beverly Roberts and Mary Alston filed a federal lawsuit last month against the City of Wetumpka and others following their June 2022 arrest for criminal trespass for trapping cats.
The lawsuit claims the defendants violated Alston’s and Roberts’ First, Fourth and Fifth Amendment rights. The lawsuit seeks monetary damages for loss of reputation, mental anguish, emotional distress and economic loss.
“They violently handcuffed Ms. Roberts, an 86-year-old woman, and Ms. Alston, a 61-year-old woman, aggressively forced them into a police car and then unjustifiably jailed them,” the lawsuit states. “They did so under the color of state law, based on a patently absurd, obviously pretextual assertion that Ms. Roberts and Ms. Alston were ‘trespassing’ on public property.”
Alston and Roberts were found guilty of criminal trespass, disorderly conduct and obstructing government operations in City of Wetumpka Municipal Court in December 2022.
The ladies appealed the verdict to circuit court. But before a jury trial, all the criminal charges against the ladies were dismissed by the city.
The suit lists the city, Mayor Jerry Willis, police chief Greg Benton, assistant police chief Ed Reeves, and police officers Kameron Ricks, Jason Crumpton and Brenden Foster both as city employees and personally as defendants.
“The charges were bogus and the defendants knew this,” the lawsuit states. “The charges were brought maliciously, to harass and embarrass Ms. Roberts and Ms. Alston and to deter them from exercising their right to engage in [trap-neuter-return] and to peaceably assemble on public property.”
Alston and Roberts said in the lawsuit feral cats were a recurring problem in Wetumpka.
The foundation of the lawsuit started before Alston’s and Roberts’ June 2022 arrest near the Historic Elmore County Courthouse in downtown Wetumpka.
“Willis, Benton and Reeves were angry that they were engaging in the lawful practice of safely and responsibly capturing stray cats and then arranging for the cats’ spaying, neutering and homing,” the lawsuit states.
Wetumpka police officers testified at the December 2022 municipal trial they had warned Roberts she couldn’t come onto Elmore County property for the purposes of feeding or trapping cats well before the June 2022 incident. If she did, an arrest for trespassing was possible.
Alston admits in the lawsuit she was on public property in June 2022 waiting for a cat to be captured in a trap. She then saw Willis drive by. Soon after, three Wetumpka police officers stopped telling her to leave.
At the municipal trial, officers said they ran Alston’s information through dispatch. She had not been previously trespassed, but told her she needed to leave. The officers left and they came back. By this time Roberts had joined Alston at the location above the courthouse.
The officers knew of the trespass issue against Roberts and had just moments earlier warned Alston. Alston and Roberts were subsequently arrested.
Alston was allegedly denied retrieving her medication as she was being arrested.
After being jailed, Roberts lost consciousness, fell to the floor and hit her head.
“A police officer observed this but did nothing,” the lawsuit stated. “Ms. Roberts was not provided any medical assistance. Ms. Roberts requested to make a phone call, but was denied. She was told that a phone call was a ‘privilege, not a right.’ This is contrary to Alabama Law.”
The lawsuit also alleges police officers delayed filing booking information thus delaying the bonding process.
Alston and Roberts also allege the municipal judge was unfair in December 2022. They say the judge, special city prosecutor and court clerk, who are not named in the lawsuit were joined by Willis and police officers in the clerk’s office for a prayer that was seen, “But out of hearing of the general public.”
“[They were] deprived of a neutral and completely impartial factfinder,” the lawsuit states.
The City of Wetumpka has yet to file a response in the suit. The Wetumpka City Council met for about 10 minutes at its Monday meeting in an executive session for the purposes of discussing pending litigation. It took no action when it resumed its regular session.
