ST. LOUIS - The City of Poplar Bluff and a Poplar Bluff police officer want to defend an excessive force accusation against them in federal court.
The complaint from plaintiff Paul Herbst was filed on March 15 in the Butler County Circuit Court, and was removed to St. Louis federal court on April 14.
According to the complaint, Herbst was stopped in a traffic stop by defendant officer Dusty Johnson on March 18, 2018. When Herbst exited the vehicle, he fell to the ground for reasons not described in the lawsuit. The plaintiff alleges that Johnson performed a "knee strike" to his left shoulder while he was on the ground and handcuffed despite the plaintiff being subdued and compliant.
The strike caused a fracture in Herbst's left humerus, according to the complaint.
The defendants are charged with excessive force and failure to train.
The plaintiff is represented by the Kirby Law Firm PC of Doniphan.