Please Visit Our Sponsor

Posted by morlock on Sat Mar 4 13:44:05 2000: IP Address: 12.72.29.51

Bruised by free speech


By Joseph O. Patton Editor and Publisher
Aumnibus Online Univof Auburn Montgomery student pub
http://www.aum.edu/aumnibus/ 3/2000

"I really thought these two guys were trying to kill me ... I'm still uncomfortable talking about it," he says.
On the night of Aug. 26, 1999, Sam Caraway learned that free speech can be painful. Caraway, who is now a student at Auburn University Montgomery, has filed a lawsuit against the city of Montgomery, former mayor Emory Folmar, Folmar's son Wilson, two Montgomery Police officers and Folmar's reelection campaign.
In late August, Caraway says he was attempting to place a hand made sign which read "Folmar - Still a Bigot" in front of Folmar's campaign headquarters. Caraway says the sign was a reflection of his belief, based on comments Folmar has said on past radio programs, that the former mayor was a bigot.
"Everybody thought it," he says. "But nobody would say it." Caraway says, "I felt like it needed to be said."

Caraway says that as he attempted to post the sign, he was approached by two white males in plain clothes. Later it was verified that the two males, named in the lawsuit as R.L. Smith and B.W. Bartlett, were off-duty Montgomery police officers.
Caraway says they then claimed to be part of a special task force of the MPD assigned to prevent theft of political signs during the campaign. He says they accused him of trying to remove Folmar campaign signs. In a statement filed by Officer Bartlett charging Caraway with harassment, he states that Caraway was "taking down a campaign sign." Caraway says there were no signs in the vicinity except for a billboard and his own sign.

In Caraway's lawsuit, he says that he was then "wrestled to the ground" by Bartlett and punched in the stomach by Smith. He says that Smith then placed him in a headlock he until he lost consciousness as Bartlett said, "watch him go down, man, he is going down." Caraway says when he awoke, he realized his head was being "pinned to the concrete" and he was being choked. He says that as he gasped for breath, he asked to see a badge, to which Smith allegedly replied, "I don't have to show you a fucking badge."
Caraway says he was convinced they were trying to kill him.
He says he was then arrested for harassment and taken to the city jail. Caraway says he was then forced to spend "twelve difficult hours in a cold annex with no blanket." Caraway says he was "freezing" in the facility. "It was a horrible experience," he says.

Following Caraway's time in jail, he and his family decided to pursue legal action, acquiring the counsel of Montgomery attorney Julian McPhillips. Caraway, his ttorney and parents set a press conference for Sept. 7 to describe the events of Aug. 26 to the media. Caraway says that after learning of the planned media event, then-mayor Emory Folmar, by way of his son Wilson, approached the Caraways and their attorney to offer that Folmar would drop the charge against Caraway if they agreed to call off the news conference. The conference would have been held a few weeks prior to the city's municipal election.
Since then Folmar has been defeated in his reelection bid and has left office. The charges against Caraway were never dropped and are still pending in a Montgomery court. "The mental anguish is worse than any physical injury they could have given me," says Caraway, who was treated for bruising, cuts and difficulty breathing at Baptist Medical Center East following the encounter with the two officers. He says due to the choking he received from the officer, he was unable to swallow for two days without experiencing "extreme pain."

Caraway is suing for assault and battery, false imprisonment, abuse of process, breach of contract, negligent and/or wanton supervision, and violation of Article One, Section Four of the Alabama Constitution, guaranteeing freedom of speech.
Caraway is seeking "at least $100,000 in compensatory damages" from the city of Montgomery and "any other punitive damages" from the other defendants, excluding Wilson Folmar, who Caraway believes was acting "in good faith" on the former mayor's behalf. He is also seeking "other legal and equitable relief" and have the harassment charge dropped and declared null and void.
Officers Smith and Bartlett, as well as former mayor Emory Folmar, were unavailable for comment.

• OCGreen Social Justice

---

Follow Ups:

• Re: local student activist vs mayor Patrick Baker 16:27:48 12/08/2004 (0)
• Re: local student activist vs mayor Ernie Farmer 17:45:20 11/26/2004 (0)
• Re: local student activist vs mayor Jimmie Younce 14:39:27 11/22/2004 (0)
• Re: local student activist vs mayor Amy OHara 16:20:19 10/15/2004 (0)
• Re: local student activist vs mayor John Wagner 21:51:41 08/24/2004 (0)
• Re: local student activist vs mayor Dylan Sterner 18:44:56 08/16/2004 (0)
• Re: local student activist vs mayor Doreen Henry 18:43:06 08/09/2004 (0)
• Please remove story titled "Bruised by free speech" Joseph O. Patton 18:43:07 08/01/2000 (0)

---

Post a Followup

Name:
E-Mail:

Subject:

Comments:
: <ul><h3>Bruised by free speech</h3> : By <b>Joseph O. Patton</b> Editor and Publisher : Aumnibus Online Univof Auburn Montgomery student pub : http://www.aum.edu/aumnibus/ 3/2000 : </ul> : "I really thought these two guys were trying to kill me ... I'm still uncomfortable talking about it," he says. : On the night of Aug. 26, 1999, Sam Caraway learned that free speech can be painful. Caraway, who is now a student at Auburn University Montgomery, has filed a lawsuit against the city of Montgomery, former mayor Emory Folmar, Folmar's son Wilson, two Montgomery Police officers and Folmar's reelection campaign. : In late August, Caraway says he was attempting to place a hand made sign which read "Folmar - Still a Bigot" in front of Folmar's campaign headquarters. Caraway says the sign was a reflection of his belief, based on comments Folmar has said on past radio programs, that the former mayor was a bigot. : "Everybody thought it," he says. "But nobody would say it." Caraway says, "I felt like it needed to be said." : Caraway says that as he attempted to post the sign, he was approached by two white males in plain clothes. Later it was verified that the two males, named in the lawsuit as R.L. Smith and B.W. Bartlett, were off-duty Montgomery police officers. : Caraway says they then claimed to be part of a special task force of the MPD assigned to prevent theft of political signs during the campaign. He says they accused him of trying to remove Folmar campaign signs. In a statement filed by Officer Bartlett charging Caraway with harassment, he states that Caraway was "taking down a campaign sign." Caraway says there were no signs in the vicinity except for a billboard and his own sign. : In Caraway's lawsuit, he says that he was then "wrestled to the ground" by Bartlett and punched in the stomach by Smith. He says that Smith then placed him in a headlock he until he lost consciousness as Bartlett said, "watch him go down, man, he is going down." Caraway says when he awoke, he realized his head was being "pinned to the concrete" and he was being choked. He says that as he gasped for breath, he asked to see a badge, to which Smith allegedly replied, "I don't have to show you a fucking badge." : Caraway says he was convinced they were trying to kill him. : He says he was then arrested for harassment and taken to the city jail. Caraway says he was then forced to spend "twelve difficult hours in a cold annex with no blanket." Caraway says he was "freezing" in the facility. "It was a horrible experience," he says. : Following Caraway's time in jail, he and his family decided to pursue legal action, acquiring the counsel of Montgomery attorney Julian McPhillips. Caraway, his ttorney and parents set a press conference for Sept. 7 to describe the events of Aug. 26 to the media. Caraway says that after learning of the planned media event, then-mayor Emory Folmar, by way of his son Wilson, approached the Caraways and their attorney to offer that Folmar would drop the charge against Caraway if they agreed to call off the news conference. The conference would have been held a few weeks prior to the city's municipal election. : Since then Folmar has been defeated in his reelection bid and has left office. The charges against Caraway were never dropped and are still pending in a Montgomery court. "The mental anguish is worse than any physical injury they could have given me," says Caraway, who was treated for bruising, cuts and difficulty breathing at Baptist Medical Center East following the encounter with the two officers. He says due to the choking he received from the officer, he was unable to swallow for two days without experiencing "extreme pain." : Caraway is suing for assault and battery, false imprisonment, abuse of process, breach of contract, negligent and/or wanton supervision, and violation of Article One, Section Four of the Alabama Constitution, guaranteeing freedom of speech. : Caraway is seeking "at least $100,000 in compensatory damages" from the city of Montgomery and "any other punitive damages" from the other defendants, excluding Wilson Folmar, who Caraway believes was acting "in good faith" on the former mayor's behalf. He is also seeking "other legal and equitable relief" and have the harassment charge dropped and declared null and void. : Officers Smith and Bartlett, as well as former mayor Emory Folmar, were unavailable for comment.

Optional Link URL:
Link Title: