Jonesboro, AR – (JonesboroRightNow.com) – April 30, 2024 – The lawsuit against a Jonesboro police officer who ran a stop sign in 2017, striking another vehicle and injuring three people was amended Monday, April 29.
The newly filed documents in the case regarding an incident that occurred 7 years ago almost to the day allege that Talley was on his cell phone at the time of the accident, according to court documents.
Michael Talley was driving his patrol vehicle while off duty at 2:50 p.m. May 2, 2017, when the accident occurred,
“While recklessly traveling at a high rate of speed too fast for conditions in a police car, Talley was on his phone and distracted in violation of Paul’s Law which caused the plaintiffs to be injured,” the amended complaint said. “This conduct rendered the patrol car a deadly weapon.”
The 1998 Toyota RAV4 that Talley struck had three people inside: Carolyn Johnson, who suffered a broken wrist and three fractured ribs; Michael Jonhson, who was a juvenile at the time, suffered a broken ankle; and Haley Johnson (now Boyd), who suffered a fractured spine. Haley Boyd is confined to a wheelchair and has lost the use of her legs, according to the complaint.
Luther Sutter, the plaintiffs’ attorney, said the lawsuit, which was filed in 2019, is taking so long because he is fighting the issue of qualified immunity for Talley as a police officer.
Qualified immunity caps damages that can be awarded in lawsuits.
Earlier this month, Sutter filed a motion to declare the Arkansas statute granting immunity to people unconstitutional.
“Immunity like this hurts us all,” Sutter said today.
He said if immunity is left intact, the Johnson family will never be able to pay their medical bills. The plaintiffs are seeking compensatory and punitive damages in excess of $10 million.
The Jonesboro Police Department and the City of Jonesboro are co-defendants in the lawsuit.
Sutter said Talley’s use of a cell phone, the high rate of speed he was driving and rainy conditions support an award of punitive damages against him.
Talley was suspended for two days following the accident. He remains on the Jonesboro Police Department as a part-time officer.
A motion date in the trial is set for Aug. 29.
