Lawsuit claims former Leland officers violated Fourth Amendment

Published: Sep. 2, 2013 at 9:49 PM EDT|Updated: Sep. 6, 2013 at 9:49 PM EDT
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The lawsuit is filed in federal court.
The lawsuit is filed in federal court.

LELAND, NC (WECT) – The Town of Leland and two of its former police officers are being sued by a man who claims the two unlawfully entered his home and falsely arrested him, without probable cause or an arrest warrant.

According to court documents filed in federal court, Darryl Langley is claiming his Fourth Amendment rights were violated on June 20, 2011, when Howard Smith and Andrew Correll entered his home without a search warrant.

The officers were apparently accompanying Langley's ex-girlfriend.

According to the lawsuit, the officers handcuffed Langley and forced him to sit in a patrol car while his ex-girlfriend retrieved $10,000 worth of items from the house.

Langley tried to file a police report following the incident, but officials at the department, including former Chief Timothy Jayne, refused to allow him to do so, according to the complaint.

This is after Langley tried to file a report with other officers at the department, according to the lawsuit. First he tried with Lt. Josh Spence, who was a Sergeant at the time. Then he tried the again the next day with former Deputy Chief Karl Smith.

Karl Smith was one of four officers to have his law enforcement certification revoked by the State Bureau of Investigation in March 2013.

Jayne, who is mentioned, but not named in the lawsuit, is no longer with the department either. The town manager fired Jayne in February 2012 for "institutional reorganization in order to improve organizational efficiency and customer service."

The town of Leland is named in the lawsuit, because Langley's attorney asserts that town leaders know about the incident and did nothing to justify it.

Correll was suspended from the department after officers in Wilmington cited he and four others for fighting in October 2012. He resigned a week later.

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