A Cheyenne man formerly of Guernsey, Wyoming, is accusing local police of entering his home without providing a warrant and tasing him to retaliate for his decision to record their encounter on his cellphone.
The attorney representing the plaintiff is Jordyn Surber of Coal Creek Law, who just won a $127,500 settlement for a different client on a similar case out of Cheyenne.
In a complaint Surber filed Monday in the U.S. District Court for Wyoming, her client Tyler Mills alleges that two former Guernsey Police Department officers, James Chavez and Michael Brown, came to his home July 24, 2021. They were seeking his significant other Heidi O’Shel. They believed she was with him and they had an arrest warrant for her, the complaint says.
Neither provided a warrant to Mills, says the document.
‘Either She Comes Out …’
Mills started recording the encounter on his cellphone.
“So, either she comes out or I’m going in,” said Brown, according to the complaint.
Mills said O’Shel wasn’t on the property.
The complaint says Brown threatened to arrest Mills if O’Shel didn’t come out.
Mills tried to call then-Guernsey Police Chief David Smith, with whom he’d spoken after an incident the prior week, in which police tried to get him to come outside his home, says the complaint.
Mills also texted O’Shel.
Brown took a step toward Mills and “threatened to tase him if he did not put his phone away,” the document says.
Mills refused to put his phone away, and said he had a right to record the interaction.
Brown and Chavez told Mills he was being detained but didn’t say why, the complaint says. Then they approached him and a “physical altercation occurred” in which Brown allegedly tased Mills.
The complaint alleges Brown built a police narrative providing false information, like that Brown had told Mills he was being arrested for interference with the service of a warrant.
“This narrative directly contradicted the video footage taken by Mr. Mills,” says the document.
The complaint says Smith had access to the narrative and a chance to review Mills’ video footage, but supported Brown and Chavez’s conduct.
Mills allegedly suffered an injury from the incident, though the complaint doesn’t specify the nature of the injury. At no time did he act in a threatening manner toward officers; nor was there evidence that he was hurting someone or destroying evidence in the home, says the document.
The Claims
Mills’ complaint accuses Brown and Chavez of using excessive force and of entering his home without a warrant, probable cause or legal justification.
It accuses the officers, chief, department and town of negligence. And it accuses the town, police department and chief of failing to train or supervise the officers properly.
Lastly, he accuses all defendants of retaliating against him for recording the encounter.
The Ask
The complaint asks for a jury trial to establish money damages to compensate for the alleged wrongs:
• Violation of constitutional rights
• Loss of liberty
• Emotional trauma
• Loss of trust in law enforcement and the justice system
• Compensatory damages
• Exemplary and punitive damages
• Costs of court
• Attorney’s fees
• Pre- and post-judgment interest
Pending
Guernsey hired a new chief of police, Jay Harrison, last year.
Harrison noted the events alleged were before his time with the department and referred Cowboy State Daily to his legal counsel.
The Wyoming Attorney General’s Office represents the officials and agencies in this case. Consistent with her policy of not commenting on pending litigation, Attorney General Bridget Hill declined Thursday to comment on the case.
Clair McFarland can be reached at clair@cowboystatedaily.com.
