A Baltimore man has filed a civil lawsuit alleging that he was “unnecessarily” and “forcibly” tackled to the ground in the parking lot of a Walmart by a Baltimore County police officer.

Andre Holness, 37, and his legal team announced the lawsuit against Baltimore County, Walmart Inc., security company Signal 88 and Baltimore County Police during a Monday news conference.

On March 18, 2020, Holness was tackled from behind “without any legal justification,” slammed into the pavement, wrestled into submission and Maced in his face, falsely arrested and charged with baseless criminal offenses, according to his one of his attorneys, Malcolm Ruff of the Murphy, Falcon & Murphy law firm.

Holness was refused service after he attempted to retrieve a money order and did not have identification on hand, according to his legal counsel. As a dispute with a customer service worker ensued, Holness was asked to the leave the Walmart on Washington Boulevard in Arbutus by Christopher Sell, a Baltimore County police officer who was working as a private security guard.

Sell was dressed in his Baltimore County police uniform at the time of Holness’ arrest. However, a use-of-force review report, written by Baltimore County Police Sgt. Brian Cowley, found that Sell was not equipped with his department-issued radio and should have been.

“There is no excuse for this type of unlawful police conduct and Mr. Holness suffered serious consequences as a result. And to add insult to injury, Officer Sell then attempted to manufacture justification for his actions by charging Mr. Holness with assaulting a law enforcement officer, trespassing and resisting arrest,” Ruff said.

According to Ruff, Sell followed Holness through the parking lot for over 100 yards, insisting that Holness was not allowed to be on the parking lot as well. Surveillance footage shows Holness attempting to question Sell about the encounter when Sell put his right hand in Holness’ face and attempted to grab him with his left hand “despite the fact that he committed no crime,” he said.

Walmart security footage shows that Holness backed off and walked away before Sell ran and tackled him from behind, Ruff said.

When Holness asked why he was being arrested, Sell responded that he “could arrest anyone at anytime that [he] wants for any reason,” Holness said.

“What happened to me shouldn’t have happened to me,” Holness added. “I felt like my face was on fire.”

When asked for comment on the lawsuit, Baltimore County officials said they do not comment on pending litigation.

According to the use-of-force review report of the incident, Holness “shoved officer [Sell] while being arrested off the property.”

“The inconsistency between the officer’s report and what’s in the video is easily explained, as in effect of Officer Sell’s memory of the events in a high stress and physical altercation. The seconds between Mr. Holness assaulting Officer Sells and Officer Sell taking Mr. Holness to the ground is simply a hesitation as Officers Sell processed the assault and legal actions required.”

At the time of his report, Officer Sell did not have access to the surveillance video. And Captain D.L. Chemelli, Sell’s and Cowley’s superior, said that “the video surveillance footage obtained by Walmart has delay between each frame, so the actual assault is not captured, but if you follow the movements and positioning of the suspect’s hand, one can assume that he [Holness] struck Officer Sell.”

“What’s even more alarming is that his superior officers reviewed this same video footage in real time, and they bend over backwards to find ways to excuse his brutality,” Ruff said.

Holness is seeking financial compensation for damages incurred, but the lawsuit did not specify an amount.

NAACP Baltimore County Branch Legal Redress Chair the Rev. Roland Patterson, who attended the news conference, suggested that race might have played a role in the way Holness, who is black, was treated.

“If you view this tape, you see this officer tackle this man from behind. He obeys the command directed to the Walmart store. Ask yourself what the likelihood is?” Patterson said. “The percentage frequency, considering that the Afro American and Hispanic American populations are minority, yet those minorities suffered this kind of misconduct more than the majority. There there is a racial divide, and there is a double standard of conduct.”

penelope.blackwell@thebaltimorebanner.com