FAIRHOPE, Ala. - Two Fairhope residents filed a lawsuit this month against the city of Fairhope and a local police officer, alleging assault and battery, excessive force and other claims, seeking more than $250,000 for alleged injuries, as well as punitive damages, for an incident they claim happened two years ago.

The lawsuit alleges that on May 5, 2009, Dorsey Henderson of Thompson Hall Road in Fairhope was beaten and illegally detained by Fairhope Police Officer Trent Scott, after Henderson called 911 to report an automobile accident across the street from his and his wife’s residence. His wife, Dorris Henderson, who watched the events from a wheelchair, according to the complaint, is also a plaintiff in the lawsuit filed May 3, 2011, in Baldwin County Circuit Court.

The 12-page complaint filed by the Henderson’s attorney D. Keith Landers of Daphne, states that Dorsey Henderson tried to stop the driver of the automobile involved in the accident from leaving by placing him under “citizen’s arrest,” and that the driver “appeared angry and was apparently intoxicated.”

The lawsuit contends that when Scott arrived on the scene, he told Henderson there was “no such thing as a a citizen’s arrest in Alabama” and to “get out of the way old man,” according to the complaint.

After Henderson tried to explain his actions, Scott put him in a “extremely painful arm bar” and walked him across the street, and then “slammed him down, face first, breaking his nose and eyeglasses,” and “then proceeded to beat (Henderson) on the back of his head, neck, arms in an attempt to subdue him,” according to the complaint

Efforts to reach Mayor Tim Kant were unsuccessful on May 19. City Attorney Marion “Tut” Wynne stated in an email that he expected the lawsuit would be covered by the city's insurance, and that the insurer would hire an attorney to represent the city and Scott.

Efforts to reach Scott at work and home were unsuccessful.

The lawsuit and alleged incident came to light in a May 18 article by Courthouse News Service.

A police spokesman referred all inquiries to Wynne, stating the department could not comment while litigation was pending.

Landers, the plaintiffs’ attorney, also could not be reached immediately for comment.

The lawsuit further alleges that Scott handcuffed Henderson, and when the first ambulance arrived on the scene, sent it away, stating, “Go on, he doesn’t need an ambulance.”

A second ambulance would eventually transport Henderson to Thomas Hospital, where the complaint alleges he was diagnosed as having “suffered a broken nose, multiple contusions, and a torn rotator cuff in his right shoulder,” the complaint states.

Scott was hired by the city on June 4, 2001, and earns $24.86 per hour, according to records. He was still employed by the city as of May 16, according to CNS.