NASSAU- A police corporal who claimed another officer called him a “boungie bandit”, a colloquialism for homosexual, after he was found parked on a beach with a male companion has lost a defamation suit.
Senior Justice Indra Charles also dismissed Lashawn Cooper’s claims for unlawful arrest, wrongful assault, and false imprisonment. As a result, she ordered him to pay $10,000 for the defendants’ legal costs.
The lawsuit arose as a result of Cooper’s arrest and detention on February 6, 2018 by police officers. He was taken to the Central Detective Unit and held overnight at the Police Quarter Guard. However, Cooper was never prosecuted for disorderly behavior, resisting arrest, using obscene language and assaulting a police officer.
Consequently, Cooper sued the Commissioner of Police and three police officers—Sergeant 2816 Nadia Munnings, Constable 3615 Troy Adderley and Constable 3827 Sawyer—and sought damages for unlawful arrest, assault and battery. He also sued Munnings for defamation for allegedly calling him a homosexual.
In his evidence, Cooper said he was on the beach at night with his friend when a woman he recognized as Sergeant Munnings approached his car, a silver Mercedes Benz.
He claimed that Munnings used gay slurs and obscenities while she ordered them out of the car.
According to Cooper, they both complied. His friend came out first and he followed. Cooper said he was holding his cellphone; however, a male officer told him to get off the phone before he knocked it out his hand. He claimed this officer was joined by another policeman and that they both struck him.
Cooper said the officers allowed his friend to leave after they confirmed that he was not a minor as they had initially suspected.
On the other hand, Cooper testified that he slept in a cell at the Quarter Guard and was released from custody around 10am the following morning.
Cooper testified that he was devastated after he saw a photo of him on Facebook, which was captioned, “Police Officer caught on beach with underage boy.”
He denied assertions by the officers that his male friend’s head was in his lap.
Cooper produced a hospital form, which confirmed that he received injuries.
The defense
As a result of a spate of armed robberies in the Yamacraw Hill Road area, a team of police officers were assigned to patrol the area.
Shortly before 11pm, while on patrol, officers Munnings, Adderley and Sawyer came across a silver Mercedes Benz, which was parked in an isolated area of Stokes Cabana Beach.
The officers, who were dressed in police paraphernalia, approached the car and shone flashlights to see inside.
They saw Cooper with the driver’s seat reclined with his passenger’s head in his lap.
Sergeant Munnings knocked on the window, and when the passenger raised his head, she allegedly saw Cooper zipping his pants.
Munnings suspected that the passenger was a minor, and after identifying herself and her partners as police officers, she ordered both men out of the car.
The passenger complied and produced an ID, which showed that he was 30-years-old. He was allowed to leave.
However, the officers claimed that Cooper was non-compliant, and Constables Adderley and Sawyer used “necessary force” to remove him from the car.
He became confrontational and initially refused to give his name and date of birth.
Munnings called Police Control Room for assistance.
Cooper eventually identified himself as a police officer; however, he allegedly used obscenities and put up a struggle as he insisted the constables could not arrest him. He demanded that an inspector effect the arrest.
‘Evasive witness’
In her ruling, Justice Charles described Cooper as a “very unimpressive and evasive witness, and she did not accept his account of the incident.
She said, “It seems odd that the police would just arrest someone who was willingly complying with their commands and would permit the passenger, who was also complying to go freely home.
“It seems odder that the police would even request police assistance from Police Control Room if Corporal Cooper was indeed complying with lawful commands.”
The judge also noted that Cooper failed to call his friend as a witness. She said the friend could have confirmed that he exited the car willingly and whether police hit the phone from his hand.
Justice Charles determined that Cooper’s arrest and detention were lawful and that the injuries he sustained were a consequence of the officers using necessary force.
In respect of the defamation claim, Justice Charles did not accept that Munnings called Cooper a “boungie bandit.”
K. Melvin Munroe represented Cooper. Kirkland Mackey and Raquel Whyms appeared for the defendants.
