Jonesboro, AR – (JonesboroRightNow.com) – May 20, 2024 – The attorney representing a Jonesboro police officer, the city, and the police department suggested that the maximum compensation for an accident involving three injured individuals should be $50,000.

The lawsuit, initially filed against the officer for running a stop sign in 2017 and causing injuries, was amended recently. New court documents claim the officer, Michael Talley, was on his cell phone during the accident, which happened while he was off duty driving his patrol vehicle.

“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.

On Monday, attorney R. Justin Eichmann of Springdale, who’s representing Talley and the city, said that the immunity clause in the Arkansas Constitution protects his clients.

In his motion, Eichmann wrote, “The Defendants have filed a counterclaim for interpleader thereby seeking to tender to the registry of the Court the maximum liability amount of $50,000 as prescribed by Ark. Code Ann. § 27-19-605 and disclaiming all interest in the tendered funds. Pursuant to Ark. R. Civ. P. 22(b) the Defendants should be discharged from any further liability.

“The Defendants are entitled to tort immunity pursuant to Ark. Code Ann. § 21-9-303 for any liability beyond the maximum liability of $50,000 that has been tendered to the registry of the Court.
“Michael Talley is entitled to tort immunity pursuant to Ark. Code Ann. § 21-9-301(a) and should be dismissed from suit.”