Kansas City, Mo. nov. 5, 2007
Kansas City elementary school principal Yvette Hayes has sued, alleging the city of Independence and the JCPenney Corp. are legally responsible for the July 13 incident in which she - six months pregnant at the time - was forced to lie face down during a police stop.
Hayes' attorney, Philip A. Klawuhn, filed the lawsuit Monday in Jackson County Circuit Court. Hayes claims false arrest, false imprisonment and negligence against by JCPenney security officer Gary D. Magers. Magers' call to Independence police from the store at 17610 E. 39th St. prompted Independence police officers to falsely arrest, imprison and act with negligence against Hayes, the suit also claims.
The city is also accused of assault and battery against Hayes by police officers and negligent infliction of emotional distress to Hayes' 4-year-old daughter, Candace. The city, Magers and JCPenney face a loss of consortium claim filed by Hayes' husband, Casey Hayes.
Hayes seeks damages from Magers and JCPenney for medical expenses, loss of income, pain and suffering, legal fees and other punitive damages on each count. Hayes seeks similar damages from the city on some of the remaining six counts. Hayes also filed a separate discrimination complaint with the Missouri Commission on Human Rights alleging Magers and the city of Independence discriminatorily subjected her to the stop based on her race and color.
Hayes was pulled over July 13 by Independence police officers on Interstate 70 after Magers called police to report a green Jeep Cherokee like Hayes' was suspected in several car thefts and break-ins on JCPenney's parking lot. After the stop, Hayes, who had Candace and another small child in the Jeep with her, was ordered to throw her keys to the pavement and forced to lie face down on the shoulder of I-70.
Videotapes of the incident, captured by police in-dash cameras, have been released and received nationwide attention recently.
In a statement released Friday, Independence officials denied wrongdoing and addressed the stance of the Police Department's final investigation that showed compassion for Hayes' condition but no wrongdoing by the officers.
"The Independence Police Department is truly sorry about the involvement of Mrs. Hayes and her children in the response to an call for service received around 10:00 p.m. on July 13th, 2007," the statement read. "That regret was expressed repeatedly by police officers on the scene at that time, and subsequently by Police Chief Fred Mills. We are thankful that neither Mrs. Hayes nor her children were injured."
Offcials with JC Penney, who deferred questions about the suit to their corporate headquarters in Plano, Texas also expressed empathy for Hayes' encounter, but denied wrongdoing.
Hayes' attorney, Klawuhn, says his client's assertion of the charges would be proven in court.
"Yvette appreciates the support she is receiving," Klawuhn said. "She will pursue this so this sort of thing never happens again to anyone, let alone a pregnant woman."
Hayes' attorney, Philip A. Klawuhn, filed the lawsuit Monday in Jackson County Circuit Court. Hayes claims false arrest, false imprisonment and negligence against by JCPenney security officer Gary D. Magers. Magers' call to Independence police from the store at 17610 E. 39th St. prompted Independence police officers to falsely arrest, imprison and act with negligence against Hayes, the suit also claims.
The city is also accused of assault and battery against Hayes by police officers and negligent infliction of emotional distress to Hayes' 4-year-old daughter, Candace. The city, Magers and JCPenney face a loss of consortium claim filed by Hayes' husband, Casey Hayes.
Hayes seeks damages from Magers and JCPenney for medical expenses, loss of income, pain and suffering, legal fees and other punitive damages on each count. Hayes seeks similar damages from the city on some of the remaining six counts. Hayes also filed a separate discrimination complaint with the Missouri Commission on Human Rights alleging Magers and the city of Independence discriminatorily subjected her to the stop based on her race and color.
Hayes was pulled over July 13 by Independence police officers on Interstate 70 after Magers called police to report a green Jeep Cherokee like Hayes' was suspected in several car thefts and break-ins on JCPenney's parking lot. After the stop, Hayes, who had Candace and another small child in the Jeep with her, was ordered to throw her keys to the pavement and forced to lie face down on the shoulder of I-70.
Videotapes of the incident, captured by police in-dash cameras, have been released and received nationwide attention recently.
In a statement released Friday, Independence officials denied wrongdoing and addressed the stance of the Police Department's final investigation that showed compassion for Hayes' condition but no wrongdoing by the officers.
"The Independence Police Department is truly sorry about the involvement of Mrs. Hayes and her children in the response to an call for service received around 10:00 p.m. on July 13th, 2007," the statement read. "That regret was expressed repeatedly by police officers on the scene at that time, and subsequently by Police Chief Fred Mills. We are thankful that neither Mrs. Hayes nor her children were injured."
Offcials with JC Penney, who deferred questions about the suit to their corporate headquarters in Plano, Texas also expressed empathy for Hayes' encounter, but denied wrongdoing.
Hayes' attorney, Klawuhn, says his client's assertion of the charges would be proven in court.
"Yvette appreciates the support she is receiving," Klawuhn said. "She will pursue this so this sort of thing never happens again to anyone, let alone a pregnant woman."
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