MACON, Ga. — A former Macon mayor is suing Bibb County Sheriff David Davis and four deputies--claiming he was wrongfully detained for allegedly trespassing and deputies used excessive force while handcuffing him.
Now, C. Jack Ellis says he wants his case to be heard before a jury.
Deputies listed in the suit include Lt. Robert Reynolds, Cpl. Addie Whitehead, Sgt. Chauncy L. Eady, and Deputy Robert J. Taylor.
The suit stems from an incident in December 2019 at Creekside Apartments.
"This is private property. I need them to leave," said Creekside Apartment staff told deputies on December 10th, 2019.
Ellis says he called a news conference at the East Macon apartment complex to talk about trash piling up. Bibb deputies told Ellis and reporters to leave-- claiming they were on private property.
"This is a public street. This is a public street owned by the city," Ellis told Bibb deputies.
"Go ahead and leave for me," the deputy said in response.
As they all began packing up, body camera video shows Ellis turning around to give something to a friend who lives at the apartments.
"I'm going in the house," Ellis told deputies.
"Hey, listen to me. Listen to me. hold up. Hey. I said Stop. Stop. Stop," the deputy yelled, chasing after Ellis.
"I need to get my keys to get in my car and leave," Ellis responded, as he walked toward the front door of an apartment.
After getting his keys, video shows Ellis leaving the parking lot. However, just four minutes later, body camera video shows Ellis returned.
"We told him to leave. We told him to leave. He refused to leave," a deputy told another deputy on scene.
Deputies detained Ellis, alleging he criminally trespassed.
More than two years later, Ellis is suing, saying deputies violated his Fourth Amendment right. The complaint was originally filed in July 2021.
Ellis claims deputies wrongfully arrested him and used excessive force by putting the handcuffs on too tight--injuring his arm. He says he's suffered from "emotional distress."
Ellis was never booked into the Bibb County jail.
Sheriff David Davis told 13 WMAZ back in 2019 that his deputies were doing their best to "defuse" a tense situation. Davis said it's a bit of a "gray area" whether the street that runs through the complex is public.
"Now, what we have is a trespassing charge of which is a little bit murky," Davis said in December 2019.
"That's a factual issue that will be worked out and discussed to decide where Mayor Ellis was at the time," said legal expert Floyd Buford Jr.
Buford is a personal injury lawyer. He does not represent either Ellis or the Sheriff's office in the case.
He says this case will be an "up hill climb" for the former Mayor.
"The issues that he makes concerning the liability on the part of the sheriff, it looks weak. The damages that he contends are speculative at best. I don't think it will be successful. But that's up to the State Court of Bibb County jury to decide if it gets that far," Buford said.
Ellis' lawyer said in a statement that the harm done by the arrest and consequential damages to his reputation is irreparable.
At the time of the incident, Davis said they launched an internal affairs investigation. No word on the result of that, but the sheriff's office says they are aware of the lawsuit.