LITTLE ROCK, Ark. (Legal Newsline) — An Arkansas lawyer is suing a city, accusing it of withholding evidence pertaining to his client.
Kevin Lemley filed a complaint Sept. 7 in Pulaski County Circuit Court against the City of Jacksonville, Ark., its police department and Brett Hibbs, individually and in his official capacity as Chief of Police.
Lemley, a licensed attorney practicing in central Arkansas, claims he uses FOIA to obtain law enforcement records for his clients in criminal defense cases. He alleges that he submitted an FOIA regarding one of his client's DUI arrest on Aug. 10, 2022.
He further alleges that the defendants failed to provide any video, including bodycam video and dashcam video that he needed due to questions over if his client was blowing properly on the breathalyzer test.
Lemley claims the defendants represented that there was no video and that the defendants also failed to provide any videos in another DWI case trial in Jacksonville District Court. He says the trial judge in his case admonished the police department for its failure to produce any video.
Lemley and his client prevailed on the DWI charge but the client was convicted of refusing to submit to a breathalyzer. Had video been available, Lemley says, it could have shown that his client submitted to nine such tests and blew properly during them.
He claims the defendants' actions violated his rights under FOIA and Arkansas Civil Rights laws and tampered with public record.
Lemley seeks monetary relief, interest and all other just relief. He is represented by Madison Cameron and Lauren Scroggins in Cabot.