James Darden, 57, claims Officers Christian Chamberlain and Mohammed Oluwa violated his rights under the Fourth Amendment and Title 42 of the Civil Rights Act and used excessive force when they handcuffed and detained him on June 16, 2010. It is not clear from the lawsuit, filed Aug. 5 in federal district court, where the incident took place. But Darden says in the complaint it occurred as he was walking to Rising Hope United Methodist Mission Church, located off Richmond Highway between Hybla Valley and Mount Vernon.
Mohammed Oluwa
Christian Chamberlain
Initially, Darden also sued Fairfax County and Fairfax County Police Chief David Rohrer. A judge dismissed them as defendants in the case Oct. 7.
Darden could not be located for comment. The attorney for the officers, Kimberly Baucom with the Fairfax County Attorney’s Office, said she could not comment on the case. Darden’s attorney, Joseph Creed Kelly, did not return a phone call seeking comment.
In his lawsuit, Darden says he was walking to the church, where he worked as a janitor, when officers Chamberlain and Oluwa stopped him. They asked him for identification, which he supplied.
Darden claims the officers then asked if they could search him and that when he asked why, they told him he was under arrest and handcuffed him with his arms behind his back. They then searched him.
According to Darden’s complaint, Chamberlain claimed he saw crack cocaine in Darden’s mouth and searched but found nothing. Darden alleges the officers then threw him to the ground and onto his stomach and that Oluwa rammed him knee in his back as Chamberlain choked him. Chamberlain then shocked Darden with a Taser approximately three times, Darden claims.
Darden alleges the officers then made him sit inside a hot police car while they searched the ground around the vehicle for drugs. A third officer eventually came to the scene and spoke with Chamberlain and Oluwa, then told Darden he could leave, according to the lawsuit. Darden was not charged with any crime.
Darden claims he reported the incident the same day to the police department and that police recorded a statement from him and photographed the injuries on his back from the Taser. The next day, Darden then sought medical attention for the burns from the Taser and received treatment for shoulder muscle strain and a rotator cuff injury. He continues to have shoulder pain, requiring him to take prescription painkillers daily, according to the lawsuit.
The county, in court papers, has denied any wrongdoing. The officers said they ask Darden for identification and consent to search and that Darden denied them that permission. They also claimed they saw crack cocaine in Darden’s mouth.
Darden is asking for $150,000 in compensatory damages and an unspecified amount in punitive damages.
Darden could not be located for comment. The attorney for the officers, Kimberly Baucom with the Fairfax County Attorney’s Office, said she could not comment on the case. Darden’s attorney, Joseph Creed Kelly, did not return a phone call seeking comment.
In his lawsuit, Darden says he was walking to the church, where he worked as a janitor, when officers Chamberlain and Oluwa stopped him. They asked him for identification, which he supplied.
Darden claims the officers then asked if they could search him and that when he asked why, they told him he was under arrest and handcuffed him with his arms behind his back. They then searched him.
According to Darden’s complaint, Chamberlain claimed he saw crack cocaine in Darden’s mouth and searched but found nothing. Darden alleges the officers then threw him to the ground and onto his stomach and that Oluwa rammed him knee in his back as Chamberlain choked him. Chamberlain then shocked Darden with a Taser approximately three times, Darden claims.
Darden alleges the officers then made him sit inside a hot police car while they searched the ground around the vehicle for drugs. A third officer eventually came to the scene and spoke with Chamberlain and Oluwa, then told Darden he could leave, according to the lawsuit. Darden was not charged with any crime.
Darden claims he reported the incident the same day to the police department and that police recorded a statement from him and photographed the injuries on his back from the Taser. The next day, Darden then sought medical attention for the burns from the Taser and received treatment for shoulder muscle strain and a rotator cuff injury. He continues to have shoulder pain, requiring him to take prescription painkillers daily, according to the lawsuit.
The county, in court papers, has denied any wrongdoing. The officers said they ask Darden for identification and consent to search and that Darden denied them that permission. They also claimed they saw crack cocaine in Darden’s mouth.
Darden is asking for $150,000 in compensatory damages and an unspecified amount in punitive damages.
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