Third claim filed against Valley, police

By: Amy Weaver Staff Writer | OANow.com
Published: June 10, 2009

An elderly Valley resident filed a claim with the city Tuesday, alleging that a police officer sprayed him with pepper spray, while another officer was putting him in handcuffs.

Joseph E. Coker, 64, states in the claim that he was “wrongfully arrested, falsely imprisoned, assaulted and otherwise injured” on May 31 “due to the malicious, wanton, negligent and intentional conduct” by the city. The claim specifically addresses the conduct of Valley police Lt. Chuck McBrayer and officer Danny Williams.

According to the claim: Coker said the two officers came to his residence on May 31 to locate his son, Brandon Coker. The elder Coker and McBrayer got into an argument about Brandon, until McBrayer threatened to use pepper spray. Coker had his hands up as a defense, until McBrayer ordered Williams to handcuff him. With one of Coker’s hands behind him, he said McBrayer sprayed him in the face from less than two feet away.

“Evidently Lt. Chuck McBrayer did not get the reaction he wanted so with his left hand he pried open my right eye and sprayed me directly in the eye,” Coker states in the claim.

Coker said he was then taken to the ground and struck in the nose. The handcuffs were hurting him and he couldn’t breathe because of the bloody nose. When he woke up in a hospital emergency room, he said he was told he was under arrest for disorderly conduct and resisting arrest.

The claim calls for $750,000 or the maximum amount by law, from the city, as well as payment of previous and ongoing medical expenses.

The city of Valley has 90 days to respond to Coker’s claim before it can become a lawsuit. Coker is represented by LaFayette attorney Brent Dean, who could not be reached for comment Tuesday.

This is the third claim filed with the city of Valley in recent months. The first claim was filed April 10 on behalf of juvenile James C. Carmichael II. A second and separate claim was filed April 23 on behalf of juvenile Braden Green. Both cite misconduct within the police department. The 90-day response period has not expired on either of those claims.