Lawsuit filed in Antonio Love case

MOBILE, Ala. (WALA) - A lawsuit was filed Wednesday in Mobile County Court against the city of Mobile Dollar General by Antonio Love's lawyer. The lawsuit stemmed from an incident in 2009, when Love, who is deaf and mentally disabled, was pepper sprayed, tasered and arrested by Mobile police officers.

Read a copy of the lawsuit here .

On July 24, 2009, Love said he went into the Dollar General on Azalea Road, feeling sick to his stomach. He then went into the bathroom. The store manager called Mobile police after Love had been in the room for a while.

Love described how things unfolded. His brother interpreted for him.

"He saw smoke. He said, 'What's that smell?' He started putting water on the floor and tissue trying to block the smoke out. He put water on his mouth and face and started to hold his breath."

What Love described was pepper spray. Police sprayed it under the door before breaking the door down. Love said he had no idea what was going on as the smoke poured in and the bashed-in door hit him in the head.

"Tased him in his chest. He was shaking saying, 'Stop! Stop!' He couldn't move. They dragged him from the bathroom to the front," his brother translated.

Love was tasered three times. He said police didn't realize he was deaf until they got him outside the store. That's when they looked in his wallet and found a card detailing his handicap. Love said an EMT was dispatched, and after he was checked out, he was then put into the back of a police car and taken to Metro jail where he sat until police finally took him home later that afternoon.

Birmingham lawyer Tommy James of the law firm Morris, Haynes and Hornsby is representing Love and his family.

"It is clear that what happened to Antonio should have never happened," said James. "He has never had any run-ins with the law and he was not a threat to anyone. Once Antonio realized that it was the police trying to get into the bathroom, he put up no resistance and yet police still tasered him three times. Even after discovering that Antonio was deaf and mentally disabled, the police still charged and arrested him. Thankfully, the Magistrate had the good sense not to sign the warrants. It is very rare for a Magistrate not to sign off on warrants."

The Mobile Police Department Internal Affairs Unit investigated the encounter, gathering evidence and the family's formal complaint. They found the officers' use of force to gain entry and overcome the resistance of Antonio Love after exhausting all other reasonable means of removing him from the restroom was consistent with department policy and procedure.

You can read Mobile police's report here .

Then Mobile Chief Garrett held Lt. Kevin Rodgers responsible for making the decision to cart Love to Metro Jail.

"The other officers were just following his orders. There were alternatives, other than taking him to jail. Make sure he is okay and take him home. Talk to a family member, and leave him there. That would have been my preference," said Garrett.

Mobile police have made their policy stronger when it comes to dealing with the disabled. Certified interpreters have been hired, that can be called on at anytime for any situation.

"My goal is to meet the needs of every citizen, every time," said Chief Garrett.

You can read James' response to Mobile police's findings here .

James anticipates that the City of Mobile will transfer the case to federal court.