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Woman sues Stallings and 2 officers in her 2008 arrest

By Courtney Ridenhour
cridenhour@charlotteobserver.com

A Union County woman has filed suit in federal court against the town of Stallings and two of its police officers, seeking punitive damages and compensation for her 2008 arrest.

Dawn Whitlock, 44, alleges that two Stallings police officers violated her constitutional rights when they arrested her three years ago on charges of disorderly conduct and resisting an officer.

Whitlock has accused officers Tahitiana Munoz and Jeffrey Weatherman of assault and battery, false arrest and illegal imprisonment.

In the lawsuit filed last week, Whitlock alleges that the officers used "excessive, unreasonable and unjustified force" and that she had to undergo surgery as a result.

Munoz and Weatherman responded to a 911 call on July 27, 2008, at the home of Robert Whitmore, the lawsuit says. Whitmore told officers his next-door neighbor, James Polk III, had threatened to shoot him. Whitlock and Polk were living together at that time.

Whitlock approached officers at the scene and, after some time, Munoz asked her to bring Polk outside, the lawsuit said. As Whitlock was walking back to her house, Whitmore's wife approached her and the two began arguing.

The lawsuit says that Weatherman interrupted the argument, telling her to follow Munoz's request. Weatherman continued to yell at Whitlock to hurry up despite her compliance, according to the lawsuit.

It was then that Whitlock told the officer to "go to hell."

The two officers "tackled" Whitlock and cuffed her, according to the lawsuit. Whitlock says she told officers she had recently had back surgery, and that Weatherman was hurting her by lying on her back.

The back stimulation unit Whitlock had had implanted was "catastrophically damaged in this incident and (Whitlock) required surgery to remove the broken unit and replace it," the lawsuit says.

Weatherman charged Whitlock with disorderly conduct and resisting a public officer, public records show. She was found not guilty of disorderly conduct and guilty of resisting an officer. She has appealed the conviction.

Stallings police Chief Mike Dummett said he was notified of the lawsuit Monday. The department, he said, will follow protocol.

"We will investigate," he said. "We will speak with our attorneys."

Staff researcher Maria David contributed.

Courtney Ridenhour: 704-358-6043

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