Home All 50 US States Individual files lawsuit against Memphis city and police for wrongful conviction in nightclub heist

Individual files lawsuit against Memphis city and police for wrongful conviction in nightclub heist

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Individual files lawsuit against Memphis city and police for wrongful conviction in nightclub heist

MEMPHIS, Tenn. — A man who was wrongfully imprisoned for over two decades has initiated legal action against the city of Memphis and ten police officers. This lawsuit alleges that the officers manufactured evidence which contributed to his conviction related to the robbery of a local music venue.

Artis Whitehead, now 61 years old, claims that the Memphis Police Department officers generated false evidence that resulted in charges of armed robbery and kidnapping stemming from the 2002 incident at B.B. King’s Blues Club on Beale Street.

In 2003, after a trial, Whitehead was found guilty and given a staggering 249-year prison sentence. However, this conviction was overturned in December 2023, leading to his release. A judge determined that there was no forensic link connecting Whitehead to the crime scene and concluded that police had fabricated crucial aspects of the case, which included untrue testimonials identifying Whitehead as the perpetrator by club staff who had been held hostage.

According to the lawsuit, fabricated evidence included an anonymous phone tip implicating Whitehead from an individual arrested for committing two separate armed robberies, suggesting that the police coerced this person to make the call.

The suit targets both the city of Memphis and the particular officers engaged in the investigation. Whitehead is seeking a jury trial along with undisclosed financial compensation for the extensive harm he has endured, including loss of freedom, severe emotional distress, and physical suffering.

In a news conference held on Monday, Whitehead expressed that there is “no price tag” that could adequately reflect the toll this ordeal has taken on him and his family. Currently residing in Nashville and holding multiple jobs, he reflected on the precious time lost with his children and the ongoing efforts to mend their relationships.

The Memphis Police Department has chosen not to comment on the lawsuit, and the city has made no immediate response to inquiries.

The incident that led to the original charges occurred on May 9, 2002, when an assailant entered B.B. King’s and attempted to access the club’s safe unsuccessfully. The robber proceeded to hold five individuals hostage in the basement office, restraining them. Tragically, one of the hostages was shot when attempting to disarm the robber, who subsequently fled with money and jewelry.

The lawsuit contends that despite various leads, law enforcement disregarded essential evidence, such as an accurate description of the assailant. It accuses officers of securing the cooperation of a man with a criminal record to help construct a false identification that wrongfully accused Whitehead, including compensating him and providing a personal phone for making the anonymous call.

“Under the pressure of public scrutiny, the defendants resorted to desperate measures to assign blame for the crime,” the legal claim states.

Whitehead’s legal representatives argue that the actual robber was of a markedly different physical description, being shorter and slimmer, while Whitehead is significantly taller and muscular. The presiding judge who overturned Whitehead’s conviction noted that no evidence had been shown to establish his familiarity with either Beale Street or B.B. King’s venue.

This lawsuit surfaced shortly after the U.S. Department of Justice released findings from an extensive investigation into the Memphis Police Department. This probe came in the wake of the January 2023 death of Tyre Nichols, who died following a beating by five officers that led to their firing and subsequent charges.

The investigation highlighted patterns of excessive force by Memphis officers and systemic discrimination against the city’s predominantly Black population.

“Mr. Whitehead’s wrongful conviction is emblematic of a broader issue,” the lawsuit emphasizes. “His journey through the criminal justice system reflects the continual devaluation of the lives of people of color by the Memphis Police Department.”