Sep. 17āDouglas Wright said he's a changed man ā but not for the better since his encounter with Gilbert Police over a dog.
Wright, a disabled Gulf War Era veteran, alleges he was subject to wrongful arrest, restraint, mental and physical harm, unlawful removal of his property and continued harassment. He's suing for $5 million, attorney fees and a case review and audit of the involved officers to "to ensure other injustices were not committed."
"After my arrest, the additional burden of dealing with legal issues financially and legally put both my mom and I in a long state of limbo," the 34-year-old Gilbert man said.
Grasso Law Firm, representing the town and the three Gilbert cops named in the suit, deny wrongdoing, and "allege that plaintiff is at fault, in whole or in part, for any damages suffered by plaintiff" and that "any damages suffered by plaintiff was the result of an intervening/intentional acts of someone or some entity other than defendants."
The law firm also denies Wright's versions of events, calling them "factually inaccurate, a mischaracterization of events that occurred, and/or misleading because of material omissions."
It contends that the the officers acted both reasonably and lawfully at all times in the case.
Grasso wants the court to dismiss the case.
The case is now making its way through federal court. Wright initially filed a $1 million notice of claim that the town rejected town in 2021, leading to the lawsuit.
Wright's legal ordeal began three years ago on Oct. 12.
Wright, a cybersecurity specialist, was working from home when he noticed a neighbor dealing with a lost dog that had wandered onto his property.
According to Wright, the dog appeared underfed, sickly scared and had extremely matted hair that was covered with feces, urine and mud. There was no collar or anything identifying the owner.
Wright said he offered to take responsibility for the stray, which he named "Eddie Murphy."
Instead of taking the 25-pound dog to the county shelter ā where he feared it could be put down ā Wright took it to a veterinarian the next day to check for a microchip and to see if any medical care was needed.
He ended up paying $277 for Eddie's required shots, microchip and medicine for heartworms and an ear infection. He also paid $50 for a county license.
Three days later, Chet Christmas and another man showed up at Wright's home, demanding the dog.
Christmas claimed to be Eddie's owner but couldn't provide proof of ownership so Wright refused to hand over the dog.
"When Douglas inquired about the poor state of the animal Mr. Christmas became overly aggressive and began yelling and swearing at Douglas while trying to rip open the screen door," the lawsuit stated.
Christmas remained outside until police responded at about 8 p.m.
Encounter with police
Gilbert Officers Laura Johnson and Andrew Neves arrived at the house and first spoke with Christmas.
The suit states that Johnson informed Christmas "he may have to sue civilly to recover the dog after proving ownership of the dog."
Christmas became "visibly agitated and was told by police to go home" until contacted, according to the suit, adding, "Officer Neves also noted that his interaction with Mr. Christmas made him concerned about the possibility of escalation."
Wright told the officers that he owned Eddie and provided documentation to back it up. He also showed the receipt for its medical treatment.
According to the suit, Wright initially allowed the officers into his house to show them the video footage of the exchange between him and Christmas, which showed "Mr. Christmas acting aggressively and trying to forcibly enter" the home.
Before leaving the house, Johnson told Wright "that a judge will have to determine who the owner of the animal is," the suit said.
Although police generally do not get involved in civil matters, Johnson went to Christmas for more evidence.
Three hours later, Johnson and Neves returned to Wright's home "with the decision that Eddie belonged to Mr. Christmas and the intention to, if necessary, forcibly remove the animal from Douglas' property."
The two officers demanded that Wright release the dog but he refused because he "firmly believed that he had ownership of Eddie," the suit said.
In a Ring-doorbell video recording, Anderson is seen telling Wright that Christmas has proof of ownership.
"He's got a vet bill and pictures dating back more than a year," she said. "We also have people who gave him the dog originally over a year ago."
Wright asked if Anderson saw registration documenting ownership of the dog, which is required by law. She responded no.
"What we are dealing with today is ownership," Anderson said. "He owns the dog straight up. He's got ownership of the dog and right now you're in possession of the dog and that's his property by Arizona law."
He and Anderson go back and forth over Eddie's ownership with Wright not handing back the dog.
"I'm going to close the door," Wright finally told the officers as Neves responded, "You're not going to close the door."
The arrest
Wright is heard off camera telling the officers they can't enter his home.
"Neves promptly placed his hand on the door to prevent it from closing, forced his way into the house and placed Douglas under arrest," the suit states.
"At the time of the arrest, police did not have an arrest warrant or a search warrant for Douglas or his home," the suit said. "When Douglas directly told Officer Neves that he was not allowed in the home and that he didn't have a warrant to arrest Douglas or remove property from the premises, Officer Neves responded, 'I don't need a warrant.'"
Neves is no longer with the department, having resigned March 30, after five years of service, according to a spokeswoman.
The former cop is facing a suspension or revocation of his certificate by the Arizona Peace Officer Standards and Training Board for putting his service weapon against a handcuffed woman's head during an arrest in October 2022.
Following his arrest, Wright was sat down on the sidewalk outside his home, handcuffed behind his back and facing a misdemeanor theft charge.
According to Wright, the handcuffs were tightened down to his wrist bones, causing nerve pain in the wrist and arms that is ongoing. He also alleges that in the process of being arrested, the officers put his body and spine in a position "outside of his normal abilities," causing back injuries that were not there before.
"The officers then screened Douglas for potential suicide risk due to the trauma of the ongoing situation and from a police-induced panic attack from earlier in the day," the suit said.
"While Douglas was outside, Officer Neves went further into the home and threatened Douglas' mother, who was upstairs, to hand over the dog or else he would 'take her son to jail.'"
Johnson later claimed this constituted consent, but Wright's attorneys point out that "having consent as a requirement to move the dog from the property was already denied by Douglas prior to his home being invaded and his arrest."
The attorneys add that the home and its contents are solely owned by Wright.
Eddie was returned to Christmas but on Nov. 27, the dog escaped again. Because Christmas failed to update Eddie's microchip contact, he was not immediately returned. Christmas ended up calling Gilbert Police, accusing Wright of stealing his dog.
On Nov. 28, Officer Sabrina Liban investigated Eddie's disappearance and "began harassing Wright and his mother, Betty Wright, with multiple phone calls and voicemails over a short period of time," according to the suit.
Liban showed up at Wright's home on Nov. 28 to speak with him but the unannounced arrival caused Wright to have a panic attack, the suit said, citing Wright's disability and his previous encounter with police in October as the causes.
Wright, who was discharged from the U.S. Marine Corps in 2018 with a 100% service-connected disability, was undergoing behavioral therapy and was being treated with medication for agoraphobia, a type of anxiety disorder.
The Department of Veterans Affairs also had diagnosed Wright with other medical conditions such as lumbar issues, migraines and tinnitus.
According to his attorneys, Wright regressed in his recovery and has had his medication increased following his October arrest.
The suit also claims Liban lied throughout official police reports on the investigation, which led to and help in the "predatory prosecution" towards Douglas and his mother."
"I believe that because I did not agree to a plea, the prosecutor charged my mom with crimes, which were handled separately to my charge," Wright said.
"As a result of her situation, my mom was effectively restricted from entering my home or speaking to me about certain things as they could be considered 'unlawful' and potentially subject her to additional legal problems.
"Not only did they refuse to drop my charges, but kept continuing the trial for two years until finally dropping them. With that, the prosecutor effectively removed my ability to support my mom while grieving and her to support me while recovering and grieving. We were the only local family to each other at that time."
According to court records, the facilitation and theft charges filed against Betty Wright were dropped in September 2021 and June 2022, respectively. Wright's two theft charges, in October and in November, were dismissed in December 2022.
Damages alleged
According to the suit, Wright has "suffered from an increase in brain fog and cognitive impairment as a result, which makes it difficult for plaintiff to sleep, pay bills, drive, take medicine, complete personal hygiene, feed himself and perform within his profession."
Because of the previous charges and his arrest, his "ability to hold a security clearance is in question, which would severely limit he contracts and consultation work he can conduct now and for the foreseeable future."
"At the time of my arrest, I was working under a contract for a bank working on their internet security systems with my mom playing an important role in my recovery and ability to continue work while taking care of other responsibilities," Wright told the Gilbert Sun News.
Wright also lost out of a $130,000 contract he negotiated with a potential employer before his arrest.
"Following his arrest, this contract disappeared," the suit said. "Wright's ability to secure long-term employment has been significantly harmed."
The suit contends that the officers violated Wright's civil rights, including his Fourth Amendment right, which protects people from unreasonable searches and seizures.
It also accuses the town of failing to establish proper supervision and training of its officers.
"The wrongful conduct of the defendants alleges herein in this complaint was undertaken with malice and/or improper and unconstitutional motives," the suit says.
After the town postponed the case numerous times, it requested and was allowed to move the case from Maricopa County Superior Court to the U.S. District Court.
"That's what government does when it gets sued," explained Wright's attorney Mark Horne. 'It's a friendly forum for defendants."
Horne said that in the upcoming jury trial, there needs to be a unanimous verdict in federal court instead of a majority. Also, federal proceedings take longer, he added.
He said it was hard to anticipate when the trial will begin but that late 2024 would be the earliest.
Horne said he isn't concerned that the case was bumped into federal court and that it's his opinion that the dispute over the ownership of Eddie was a civil dispute that Gilbert Police should have stayed out of.
"We intend to hold all of them accountable," Horne said.