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Elmore v. Cruz2/4/2003
In the summer of 1998 Ms. Elmore and her husband at the time, Darrell Elmore, were in the process of divorce and agreed to a mutual restraining order which was entered by the Court on June 8, 1998. Thereafter, on August 17, 1998, Mr. Elmore called 911 and reported to the Chattanooga Police Department that he had a restraining order against Ms. Elmore and that she was harassing him at one of his stops as a Coca Cola route salesman. The 911 police dispatcher advised Mr. Elmore that she would send the police. She then dispatched the call from Mr. Elmore and it was taken by Chattanooga police officer, Greg Cruz.
Officer Cruz requested verification that there was indeed a restraining order against Ms. Elmore, whereupon the dispatcher contacted the Hamilton County Circuit Court Clerk's office. She was advised by the Clerk's office that a mutual restraining order had been signed by the Court, although it had not been served upon either party. She then relayed this information to Officer Cruz who responded that he was on his way to pick up Ms. Elmore "for violating an order of protection."
After arriving at Ms. Elmore's place of employment Officer Cruz asked the receptionist there if he could see her. When Ms. Elmore appeared Officer Cruz advised her that she was under arrest for, according to Ms. Elmore's undisputed testimony , "breaking the order of protection violation." Ms. Elmore further testified that she told officer Cruz that there was a mutual restraining order but that there was no order of protection. Nevertheless, Officer Cruz arrested Ms. Elmore and transported her to the Hamilton County Jail. She arrived there at approximately 2:25 p.m. and was incarcerated. Ms. Elmore asserts that she was never booked for violation of an order of protection or any other offense and there is no evidence in the record to contradict this assertion.
Ms. Elmore testifies that the jail cell in which she was placed was small and "packed full of women", some of whom were drunk and one of whom was naked. Ms. Elmore further testifies that she had never been to jail before, even for a visit, and was "petrified" with fear. She also testifies that she was never told when she would be released.
It was subsequently discovered that Ms. Elmore had been arrested and imprisoned in error and she was released at approximately 3:45 p.m.
Ms. Elmore testified that she was unable to sleep for three days after her arrest and imprisonment. Her physician of thirty five years, Dr. Don Cannon, testified that, after her arrest and imprisonment, Ms. Elmore "was quite upset. She was not anything like she had been before. And she was anxious. She was uncertain of herself. Very insecure and felt threatened whereas previously she had no problems with that type of feeling." Other evidence indicates that after her arrest and imprisonment Dr. Cannon treated Ms. Elmore for "abdominal pain, anxiety, depression, insomnia, and other symptoms associated with stress." Dr. Cannon stated that he felt Ms. Elmore's symptoms "were directly related to her arrest and her stay in jail"and that she "will continue to suffer the consequences emotionally of her experiences related to her arrest and imprisonment for the rest of her life." Finally, Dr. Cannon testified that in his opinion Ms. Elmore would continue to require medication for manifestations of stress in the future.
By complaint filed on August 12, 1999, and amendment thereto on February 7, 2000, Ms. Elmore requested compensation for injuries suffered as a result of the false arrest and false imprisonment by Officer Cruz and the City of Chattanooga. Among other things, Ms. Elmore's complaint contends that their actions constituted a vi
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