2022-100 Complaint 06-01-241
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SEAN TALBOT, )
)
Plaintiff, )
)
v. ) Case No. 5:24-cv-4046
)
THE CITY OF SALINA, KANSAS, )
BRAD NELSON, KYLE TRUITT, and )
JOEL NELSON, )
)
Defendants. )
)
COMPLAINT
Plaintiff Sean Talbot, through undersigned counsel, states and alleges for his cause of
action against Defendants the City of Salina, Kansas; Brad Nelson; Kyle Truitt; and Joel Nelson,
as follows:
1.This is an action to vindicate a citizen’s right to be free from police misconduct and
government abuse of power, as allowed by Section 1 of the Ku Klux Klan Act. 17 Stat. 13, § 1,
codified at 42 U.S.C. § 1983.
2.Plaintiff Sean Talbot is a citizen of the State of Kansas.
3.Defendant the City of Salina, Kansas, is a municipality organized under the laws of
the State of Kansas.
4.The Salina Police Department is owned and operated by Defendant the City of
Salina, Kansas.
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5. Defendant Brad Nelson is the former Chief of Police of the Salina Police
Department (“SPD”). He held that position for about eight years until he retired in September
2022.
6. At all times relevant to the allegations herein, Defendant Brad Nelson was
responsible for the policies, training, and operations of the Salina Police Department.
7. On information and belief, Defendant Brad Nelson is a citizen of the State of
Missouri.
8. Defendant Joel Nelson is a former employee of the SPD. He was employed by the
SPD from August 5, 2019 until October 4, 2022.
9. On information and belief, Defendant Joel Nelson is a citizen of the State of Kansas.
10. Defendant Kyle Truitt is a former employee of the SPD. He was employed by the
SPD from January 28, 2019 until July 14, 2022.
11. On information and belief, Defendant Truitt is a citizen of the State of Kansas.
12. The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
1331, 1341, and 1367.
13. The Court may exercise personal jurisdiction over the Defendants because their
wrongful conduct occurred in this Judicial District.
14. Venue lies in the Topeka Division of this Court.
15. On June 3, 2022, around 12:07 AM, Defendant Truitt arrived at the home of Gene
Talbot in Salina, Kansas to respond to a call. Gene Talbot, who was heavily intoxicated, met
Defendant Truitt in the driveway. Gene Talbot complained that his son, Plaintiff Sean Talbot, had
not brought his truck back after borrowing it for a couple days. Gene Talbot expressed many times
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in this conversation that he was intoxicated. He expressed that drinking makes him weak and he
hates “being like this.”
16. Defendant Truitt asked Gene Talbot whether the truck was stolen, and Gene Talbot
declined. Instead, Gene Talbot stated that he wanted his truck back and that he was tired of
bullshit.
17. Defendant Truitt expressed concern about Plaintiff’s potential cooperation and any
anti-law enforcement beliefs he might harbor.
18. Before leaving, Defendant Truitt advised Gene Talbot that he would follow up
when he found the truck so that Gene Talbot could arrange its transportation back home.
19. Defendant Truitt left Gene Talbot’s driveway at approximately 12:24 AM on June
3, 2022.
20. Salina Police Department policy and relevant caselaw provide that officers should
not get involved in civil property disputes.
21. Officers like Defendants Truitt and Joel Nelson should not break into a person’s
home in the middle of the night because a heavily intoxicated man reports that the person has not
returned a vehicle he was lent two days ago.
22. Defendant Truitt and Defendant Joel Nelson arrived at Plaintiff’s home around
12:54 AM on June 3, 2022.
23. On information and belief, between 12:24 AM and 12:58 AM on June 3, 2022,
Defendants Truitt and Joel Nelson decided to arrest Plaintiff, without probable cause and without
a warrant. These Defendants decided to arrest Plaintiff even if it meant breaking into his house in
the middle of the night.
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24. Shortly after arriving at Plaintiff’s home at about 12:53 AM on June 3, 2022,
Defendants Truitt and Joel Nelson banged on Plaintiff’s door and ordered him to come outside.
25. Plaintiff got out of bed and came to the front door to speak to the officers through
the screen door. Plaintiff acknowledged that he had the keys to the truck, which was parked outside
his home.
26. Defendants Truitt and Joel Nelson repeatedly ordered Talbot to exit his home to
talk to them.
27. Plaintiff had the right to refuse to speak to the officers.
28. Plaintiff had the right to be free from arrest in his own home without a warrant, as
well as the right to refuse consent to such entry.
29. Plaintiff refused to exit his home. Plaintiff was standing peacefully in his living
room, and he told Defendants Truitt and Joel Nelson that he was waiting for his mother to arrive.
Plaintiff told Defendants Truitt and Joel Nelson that he would find the keys to the truck and turn
them over.
30. After a few minutes of issuing commands to Plaintiff, and after Plaintiff reiterated
his mother would be arriving soon, Defendants Truitt and Joel Nelson ripped open the locked
screen door, assaulted Plaintiff, and took him to the ground.
31. When Plaintiff was lying face down on the ground, Defendants Truitt and Joel
Nelson demanded Plaintiff move his arm though it was pinned under his body. Defendants Truitt
and Joel Nelson forcefully twisted Plaintiff’s neck and Plaintiff heard popping sounds. Defendants
Truitt and Joel Nelson scratched Plaintiff’ face and bloodied his lip. Plaintiff suffered substantial
pain in his neck, left scapula, and left shoulder, a rug burn on his face, and medical expenses from
the assault.
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32. Defendants Truitt and Joel Nelson arrested Plaintiff and booked him into jail.
33. Defendant Truitt prepared a probable cause affidavit on or about June 3, 2022,
stating, among other things, that he was dispatched to Gene Talbot’s house a few days earlier
regarding a theft; and that Gene Talbot denied having lent vehicles to Plaintiff in the past.
34. Defendant Truitt provided false and misleading statements. When asked twice by
Defendant Truitt whether he wanted to report the truck as stolen, Gene Talbot declined to go that
route. In fact, when Defendant Truitt left Gene Talbot’s house, the plan was to help Gene Talbot
retrieve his vehicle. Regarding prior interactions, Gene Talbot reported to Defendant Truitt that
he had lent vehicles to Plaintiff in the past. The information provided in the affidavit was false
and/or deliberately misleading.
35. In the probable cause affidavit, Defendant Truitt failed to disclose that Gene Talbot
twice declined when asked if he wanted to report the truck as stolen.
36. In the probable cause affidavit, Defendant Nelson asserted that Plaintiff committed
felony theft, felony interference with a law enforcement officer, and criminal damage to property.
37. The criminal damage to property charge was based on damage to Defendant Truitt’s
and/or Defendant Joel Nelson’s uniform during the home invasion and assault of Plaintiff.
38. In reliance on Defendant Truitt’s affidavit, the State of Kansas filed charges against
Plaintiff on June 6, 2022, in case no. 2022-CR-000460, Saline County District Court. The charges
were Count 1, Theft, Level 9 nonperson felony; Count 2, Interference with Law Enforcement-
Obstruction of Official Duty, Level 9 nonperson felony; Count 3, Criminal Damage to Property,
Class B nonperson misdemeanor.
39. On October 20, 2022, the State of Kansas dismissed the criminal action.
40. Plaintiff incurred legal and bail expenses for representation in the criminal action.
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41. Plaintiff sent a complaint to the SPD’s current chief and internal affairs commander
on March 21, 2023 to complain about his experience with the SPD.
42. No one responded to the complaint.
43. Defendant the City of Salina, Kansas ratified the unlawful practices complained of
herein.
44. At all times relevant to the allegations herein, all the Defendants acted under color
of state law.
45. At all times relevant to the allegations herein, Defendant Brad Nelson and the City
of Salina, Kansas, had the duty to train Defendants Truitt and Joel Nelson that the Fourth
Amendment prohibits the warrantless and nonconsensual entry into a suspect’s home in order to
make a routine felony arrest. Payton v. New York, 445 U.S. 573 (1980).
46. At all times relevant to the allegations herein, Defendant Brad Nelson and the City
of Salina, Kansas, had the duty to implement and maintain policies consistent with the
requirements of the Fourth Amendment.
47. On information and belief, Defendants Brad Nelson and the City of Salina failed to
implement and maintain policies consistent with the requirements of the Fourth Amendment, or
they implemented and maintained policies inconsistent with the Fourth Amendment.
48. The home invasion and false arrest on June 3, 2022 was the obvious consequence
of Defendants Brad Nelson and the City of Salina’s failure to train its employees on the
requirements of the Fourth Amendment.
49. Plaintiff has suffered damages and substantial emotional distress from Defendants’
unlawful conduct.
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50. Defendants Joel Nelson and Kyle Truitt, and each of them, are liable to Plaintiff
Sean Talbot for violation of his First, Fourth, and Fourteenth Amendment rights, including the
right to be free from: retaliation; excessive force, false arrest, unlawful seizure in the home without
a warrant or exigent circumstances, recklessly false probable cause warrants, malicious
prosecution, arbitrary and/or conscious-shocking conduct, and a civil conspiracy to accomplish
these unlawful ends.
51. Defendants Joel Nelson and Kyle Truitt, and each of them, are liable to Plaintiff
Sean Talbot under theories of common-law malicious prosecution and civil conspiracy.
52. Defendant the City of Salina, Kansas, is vicariously liable to Plaintiff Sean Talbot
for Defendant Truitt and Joel Nelson’s common law torts and for negligence in allowing such torts
to occur.
53. Defendant the City of Salina, Kansas ratified the constitutional torts committed by
Defendants Kyle Truitt and Joel Nelson, and is therefore liable for those torts.
54. Defendants Brad Nelson and the City of Salina, Kansas, and each of them, are liable
to Plaintiff Sean Talbot under the Fourth and Fourteenth Amendments, based upon their failure to
train Defendants Truitt and Joel Nelson, and the unlawful policy or practice that resulted in the
events of June 3, 2022.
55. Plaintiff Sean Talbot has exhausted administrative remedies with respect to his state
law claims.
56. The Defendants, and each of them, acted willfully and in reckless violation of
Plaintiff Sean Talbot’s constitutional and state-law rights.
Wherefore, Plaintiff Sean Talbot prays that the Court enter judgment against Defendants
the City of Salina, Kansas; Brad Nelson; Kyle Truitt; and Joel Nelson, jointly and severally, in an
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amount in excess of $75,000.00 representing compensatory damages, economic damages, and
punitive damages; for costs, attorneys fees, interest, and all other relief the Court deems just and
equitable.
Plaintiff Sean Talbot demands trial by jury on all issues.
Plaintiff Sean Talbot designates Topeka, Kansas as the place of trial.
DATED: June 1, 2024.
Graybill & Hazlewood, LLC
/s/ Sean McGivern
Sean M. McGivern, #22932
218 N. Mosley
Wichita, KS 67202
Telephone: (316) 266-4058
Facsimile: (316) 462-5566
sean@graybillhazlewood.com
ATTORNEY FOR PLAINTIFF
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