Port Royal man says police unlawfully arrested him for crime he didn’t commit
The Town of Port Royal is facing a civil lawsuit that claims police unlawfully arrested a Black suspect for an assault two years ago based on an alleged unreliable description and without probable cause before prosecuting him. His lawsuit claims the actions were a violation of his constitutional rights.
The claim against the town and police was brought last week in the Beaufort County Court of Common Pleas by Percival Davis of Port Royal.
The case stems from an assault in the Shadow Moss neighborhood on June 25, 2023.
It’s the third wrongful arrest case the town has faced in 10 years resulting in nearly $1 million in settlements.
John and Wanda Boatright, who are white, said they were assaulted while they were delivering newspapers, the lawsuit says. They were driving, they said, when “a big Black guy” standing in the middle of the road stopped them. Mr. Boatright claimed he shined a flashlight in the man’s face moments before he was struck by him.
Judge James Grimsley III later dismissed the charge against Davis for lack of evidence and prejudicial and unconstitutional witness verification, the lawsuit says.
The lawsuit argues Davis’ arrest violated the Fourth and 14th amendments. The Fourth Amendment protects people from unreasonable searches and seizures by the government. The 14th Amendment grants equal protection of the laws to all citizens.
“Based on the evidence in this case — or extreme lack thereof — it is apparent that Percival Davis was arrested simply because he was a Black man,” the lawsuit alleges.
Davis was arrested for third-degree assault even though the Boatrights gave a description of the suspect, the lawsuit says. When he was interviewed by police, Davis said another man who is Black had recently moved to the neighborhood and was involved in an altercation with the Boatrights that evening.
The lawsuit also says a prejudicial means — a singular driver’s license photo, a practice that’s been condemned for years — was used to identify Davis.
Citing past cases, the lawsuit claims the Davis’ case is part of a pattern of poor training and discipline.
Last year, a 12-person jury awarded $350,000 to Paul Coffman Jr. who was involved in a verbal and physical altercation at the Sands Beach boat launch in Port Royal in 2020. Coffman also claimed he was wrongly arrested and maliciously prosecuted.
In 2020, the town reached a half-million dollar settlement with Joel Icopelli, a Beaufort man who was wrongly accused of sexual misconduct with a 4-year-old in a Sunday school class.
Port Royal Police Chief Jeff Meyers said the department is aware of the Davis’ lawsuit but will not be commenting on it at this time.
“The Port Royal Police Department remains committed to upholding the highest standards of professionalism, integrity, and dedicated public service,” Meyers said in a statement.
