Lawsuit Accuses Police of Kicking Handcuffed Man in Face

A lawsuit against the City of Baldwyn, Mississippi, filed in April by Joshua Grice, accuses Officer Greg Elder of excessive force during an arrest in November of 2014. Grice alleges that Elder, who has since been fired by the Baldwyn Police Department, kicked him in the face after he had already been handcuffed and was down on the ground. That kick caused injuries to Grice’s face, including a broken orbital bone. In addition, Elder then picked Grice up and slammed him onto a car.

Via djournal.com:

According to Grice, as he took the Baldwyn exit off U.S. Highway 45 on the evening of Nov. 21, 2014, he saw blue lights at the bottom of the ramp. Knowing his license was suspended, Grice backed up the ramp and continued north on the four-lane and three police officers gave chase. Grice said he pulled over a few seconds later and was dragged from his car.

Grice, who is a black male, said the orbital bone in his face was fractured during the incident by Elder, who is a white male.

This is the second civil rights lawsuit filed against Elder. In February, Tony Price filed suit alleging Elder of harassing him and throwing him to the ground while handcuffed in May 2013. Both lawsuits ask for a jury trial and seek unspecified damages.

Police Chief Troy Agnew said Elder was under investigation when the Baldwyn Board of Aldermen terminated him on Dec. 2, 2014, for “misconduct by an officer.” The criminal investigation is being handled by the Federal Bureau of Investigation.

The lawsuit filed in the U.S. District Court at Aberdeen, MS cites violations of Grice’s Fourth, Fifth and 14th Amendment rights, as well as excessive force.