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Bird launches lawsuit against DPD officer, former city employee following 2021 arrest for disorderly conduct, littering charges
RACHEL TOWNSEND
Following the 2021 arrest of local resident Will Bird for alleged disorderly conduct and littering, Bird has launched a lawsuit against the Dyersburg Police Department officer who arrested him, Rick Berry, as well as former Public Works employee Chad Williams, who, at the time of the incident, served as the assistant street superintendent. The lawsuit alleges ‘Berry and Williams made an unreasonable seizure of the person of William Bird and maliciously prosecuted him, violating his rights under the Fourth Amendment’.
On the advice of his attorney, Bird has declined to comment on the lawsuit at this time.
Bird was initially arrested on August 30 after DPD reported him carrying branches into the office at Dyersburg Public Works, where he allegedly left the branches on the front desk and told the employee, ‘if they [Public Works] could not do their job, he would’. The arrest warrant also alleges Bird was cursing while inside the business.
According to the lawsuit filed by Bird’s attorney Leanne A. Thorne of Thorne & Thorne, Bird had made complaints to the Dyersburg Public Works Department regarding limbs and other natural debris not being picked up and disposed of by Public Works employees in a timely fashion. When verbal requests were ignored, the lawsuit states Bird physically went to the Public Works Office to speak to supervisor Mike McCullough.
While at the office, the lawsuit alleges Bird spoke with the Public Works receptionist about his complaints. Following the complaints, he ‘left a small amount of brush on the secretary’s desk and left peaceably’.
The lawsuit states that body cam footage of Berry’s interactions with City employees reveal that Public Works employees were ‘upset that Mr. Bird placed brush on the desk in the office and complained about the failure of the City to provide services that were paid for by citizens of Dyersburg such as Mr. Bird.’ The lawsuit claims body cam footage made no mention of Bird being physically offensive or cursing.
Also stated in the lawsuit, Berry’s recorded interview of the Public Works receptionist revealed that Berry ‘should have known that Mr. Bird did not create a physically offensive condition’. The lawsuit alleges Berry, when questioned by city officials if Bird could be arrested, confirmed that the facts supported only a citation for littering and a warning for trespassing. The lawsuit cites Williams saying, “the Mayor [John Holden] doesn’t want him [Bird] on the property.” Finally, the lawsuit claims the arresting officer informed Bird, at the time of his arrest, that he was there to ‘serve a warrant on behalf of Dyersburg Mayor John Holden’.
Bird is suing for compensatory damages, punitive damages, attorney fees, and court costs.
On Friday, January 20, the State Gazette reached out to Holden for a statement regarding the lawsuit. Holden issued the following response: “I am aware of a lawsuit that was served on January 17, 2023, and that it has been turned over to the City Attorney.”
When contacting the Dyersburg Police Department for a comment, Chief Steve Isbell stated, “I am aware of the lawsuit filed against an officer of the Dyersburg Police Department. No additional statements will be made by the department while this matter is pending.”
More information will be furnished on this lawsuit as it is made available.