Black liquor store owner sues cops after they arrested him despite his call to 911 about shoplifter

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A black liquor store owner is suing a white police officer who punched him in the face, wrestled him to the ground and cuffed him after he called cops about holding a suspected shoplifter at gunpoint. 

Body camera footage showed officers walking past the suspect and ordering Kevin Penn to put down his weapon before an officer punches him and two others pin him to the ground and arrest him.

Mr Penn, who suffered a broken jaw, had his teeth knocked out and needed to get his mouth wired shut after the altercation on March 15, 2020, is now suing the officer who threw the punch, Justin Rippen, in federal court.

His lawsuit alleges the incident is an example of the systematic use of 'excessive force' by Decatur Police Department that the Alabama city often ignores.

The suit alleges Penn's constitutional rights were violated by illegal seizure, false arrest and excessive force, and is seeking financial compensation for the damages suffered. 

Surveillance footage showed a black business owner, who called 911 to report a robbery in his store in Alabama, being punched in the face by a responding police officer on March 15

Surveillance footage showed a black business owner, who called 911 to report a robbery in his store in Alabama, being punched in the face by a responding police officer on March 15

Mr Penn (pictured) suffered a broken jaw, had his teeth knocked out and needed to get his mouth wired shut after the altercation, according to his lawyer

Mr Penn (pictured) suffered a broken jaw, had his teeth knocked out and needed to get his mouth wired shut after the altercation, according to his lawyer

Police ultimately determined that a shoplifting had occurred at the store (pictured) and arrested a suspect, whose name has not been released

Police ultimately determined that a shoplifting had occurred at the store (pictured) and arrested a suspect, whose name has not been released

The incident happened at Star Spirits & Beverages in Decatur, Alabama, on March 15, 2020, but was given additional attention when surveillance footage began circulating online in June that year amid protests over police brutality and racism following the death of George Floyd.

Mr Penn had requested police attend his shop and told 911 dispatchers that he was holding a shoplifter at gunpoint. 

At a press conference in June 2020, Decatur Police Chief Nate Allen presented body camera footage from the incident in an effort to be 'transparent' about the ongoing investigation.

The video shows officers coming into the store and the suspect, later identified to be a person involved in an alleged shoplifting at Mr Penn's store, lying on the ground.

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An officer walks past the suspect and tells Mr Penn to put down his weapon.

Mr Penn refuses, saying: 'I have a right to have my gun.'

Mr Allen claimed that was when Mr Penn moved his hand over a gun lying on a counter next to him.

'We do know there was a gun there, we do know that the magazines were there, we do know that he was reloading the magazine,' Allen told reporters.

Mr Penn's lawyer Carl Cole said his client had showed his gun to the officers to let them know he was armed.

Mr Penn had also removed the clip and ejected the bullets from the weapon, Mr Cole said.

The video shows Mr Penn telling officers he is going to file a complaint as they came close to him.

Surveillance video shows Kevin Penn, owner of Star Spirits & Beverages, speaking to officers responding to the robbery report. Mr Penn had told 911 dispatchers that he was holding a shoplifter at gunpoint

Surveillance video shows Kevin Penn, owner of Star Spirits & Beverages, speaking to officers responding to the robbery report. Mr Penn had told 911 dispatchers that he was holding a shoplifter at gunpoint

Police said one of the officers (seen right) punched Mr Penn after mistaking him for the suspect

Police said one of the officers (seen right) punched Mr Penn after mistaking him for the suspect

Officers are seen wrestling Mr Penn to the ground before they arrested him on a charge of obstructing a robbery investigation

Officers are seen wrestling Mr Penn to the ground before they arrested him on a charge of obstructing a robbery investigation

The body camera footage does not clearly show what happens next, but surveillance video from the store shows an officer punching Mr Penn and being joined by two other officers to wrestle him to the ground.

Mr Penn was handcuffed and arrested on a charge of obstructing a robbery investigation, according to court records.

Decatur police Officer Rippen wrote in the records that Mr Penn 'refused to obey lawful commands to put down and back away from a firearm while officers were attempting to investigate a robbery'.

The shoplifting suspect was arrested the same day, but his identity was not released. 

Mr Penn's lawsuit alleges the city regularly receives complaints that officers 'react with unjustifiable violence and false charges when a citizen speaks up or otherwise asserts his rights as an American citizen'.

The suit also accuses officers of 'using common charges like obstructing governmental operation, disorderly conduct and resisting arrest' against local citizens.

'It is well known in the Decatur legal community that Decatur officers frequently use these charges, commonly referred to as POP (p*** off police) charges, without a legal basis,' the lawsuit states.

Mr Penn's lawyer on the new lawsuit, Hank Sherrod III, said using the obstructing governmental operations charge 'is standard procedure for most police jurisdictions and 100% used in north Alabama'.

The lawsuit says city officials failed to ensure officers were properly trained and supervised.

An officer is heard asking Mr Penn to put down his gun (circled in white) and Mr Penn refusing to do so. Mr Penn's lawyer said he showed the officers his gun so they would know he was armed

An officer is heard asking Mr Penn to put down his gun (circled in white) and Mr Penn refusing to do so. Mr Penn's lawyer said he showed the officers his gun so they would know he was armed 

Body camera footage released by the Decatur Police Department shows the moments leading up to when the officer punched Mr Penn (right) in the face

Body camera footage released by the Decatur Police Department shows the moments leading up to when the officer punched Mr Penn (right) in the face

City leaders were aware of numerous situations 'in which citizens were subjected to unconstitutional stops, searches, arrests and uses of force but took no action to investigate and discipline officers', the lawsuit says.

City Attorney Herman Marks said last week that his department has not yet received the lawsuit and declined to comment.

Decatur Mayor Tab Bowling said he regrets a lawsuit has been filed but referred questions to Mr Marks.

Mr Penn spent six weeks with his jaw wired shut as he recovered following the incident.

Mr Sherrod said misdemeanor charges filed against Mr Penn following the incident are still pending.

'I don´t know why they´re still active or they haven´t set a court date,' Mr Sherrod said.

Mr Sherrod said his client 'promptly' filed a lawsuit regarding the assault and false arrest complaint after he was punched 'and the city did nothing.

'Mr Penn hasn't heard from the city to this day', he added.

Officer Rippen was not disciplined, the lawsuit says, and that there was not an investigation until the video became public in June 2020, three months after the incident happened.

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