It was over a misdemeanor cost of marijuana that Elaine McAlister was falsely arrested at an airport earlier than embarking on a flight to Jamaica, spending the subsequent 4 nights in jail fairly than on trip earlier than authorities realized they’d arrested the fallacious Black girl.
Now McAlister, 31, has filed a lawsuit in opposition to the Kansas Metropolis Airport law enforcement officials who arrested her at Kansas Metropolis Worldwide Airport in 2023, accusing them of false arrest, racial discrimination and harassment.
“Plaintiff believes that the unfair remedy she skilled was discrimination because it pertains to her race,” in response to the lawsuit filed in Platte County, Missouri, on Jan. 31 by the Holman Schiavone regulation agency in Kansas Metropolis.
“On account of the discrimination, false arrest, and false imprisonment, Plaintiff has skilled, and continues to expertise, vital emotional misery and lack of enjoyment of life.”
The defendants listed within the lawsuit are Kansas Metropolis Airport law enforcement officials Kyle Greewalt and Matthew Zils, in addition to town of Kansas Metropolis, which oversees the airport.
McAlister’s arrest is just one out of tons of of arrests through the years of Black individuals getting arrested for “matching the outline” of one other Black individual.
Many instances, it simply takes the same license plate quantity for police to falsely accuse Black individuals of crimes they didn’t commit. Different instances, it simply takes a Black individual driving a automobile that barely resembles the automobile they’re trying to find.
McAlister’s arrest got here as a shock to her shut associates, together with Erica Danielle Radley, who described her as “one of the crucial trustworthy, dependable and most significantly a law-abiding citizen,” on Fb.
“Elaine is without doubt one of the most kindest women I do know,” added Victoria McDaniel in the identical Fb submit discussing her illegal arrest.
“She is a loving mom to her son and been a buddy of our household for years. Went to highschool with my grandaughter, just about lived and stayed at our house for years. In different phrases part of our household. She’s a Nurse and has an exquisite mom.”
“She did the fitting factor , sorry you needed to go via this Elaine. All of us that know you personally. Is aware of they messed with the fallacious girl. Go get em woman.”
In the identical Fb submit, Caitlyn Monroe stated McAlister is “actually is without doubt one of the most form individuals ever. Disgusting this occurred. I hope she wins 100% of the lawsuit.“
Invalid Warrant
The lawsuit states that McAlister was really a sufferer of id theft by one other Black girl who used her id when she was arrested for possession of marijuana in Kansas in August 2023, then failed to indicate up in courtroom, prompting an arrest warrant.
Nonetheless, the declare accuses the officers of utilizing an invalid warrant to arrest her as a result of it was issued in Kansas whereas they have been in Missouri. It was solely after they arrested her {that a} Missouri prosecutor obtained a sound Missouri warrant, however that’s not how it’s imagined to work.
The lawsuit additionally states that Missouri regulation doesn’t allow warrantless arrests on fugitives except they’re accused of far more severe crimes which state regulation describes as crimes “punishable by demise or imprisonment for a time period exceeding one yr.” In different phrases, felony circumstances which was not the case right here.
The arresting officers additionally by no means bothered to acquire her fingerprints to see in the event that they matched the fingerprints of the particular girl who was wished on the marijuana cost and who isn’t named within the lawsuit.
The arresting officers additionally had a photograph of the particular suspect, which her attorneys argue didn’t resemble McAlister apart from they have been each Black ladies.
“It’s apparent to any cheap individual, not to mention a regulation enforcement officer, that the individual within the Johnson County, Kansas reserving {photograph} has no similarity to Plaintiff apart from additionally showing to be a black/African-American feminine,” the declare states.
Additionally, the precise suspect had a number of tattoos, which McAlister didn’t have, however the arresting officers selected to disregard these particulars.
“Along with having the {photograph} clearly displaying a unique individual, Defendants Greenwalt and Zils had paperwork referring to Plaintiff’s imposter (“the imposter”) and a number of tattoos that the imposter had–together with tattoos on her chest, proper arm, and left leg–that Plaintiff didn’t have,” the declare states.
“This info ought to have confirmed to Defendants Greenwalt and Zils that Plaintiff was not the one that had been arrested in Johnson County, Kansas, in August 2023 and was not the topic of an arrest warrant.”
The Arrest
The incident came about on October 14, 2023, when McAlister arrived on the airport with a buddy to fly to Montego Bay, Jamaica.
However earlier than boarding her flight, she was approached by officers Greenwalt and Zils in addition to an unnamed U.S. Customs and Border Patrol Officer, who all requested for her identification.
Not understanding what was occurring, McAlister supplied the officers together with her driver’s license and passport, which was when she was positioned in handcuffs and knowledgeable she was being arrested for a warrant out of Kansas referring to a misdemeanor marijuana cost.
The cops advised her she had been pulled over and arrested for possession of marijuana in Johnson County, Kansas, on August 19, 2023, after which failed to look in courtroom, which prompted the arrest warrant.
However McAlister, who lives in Missouri, stated she had not been arrested in Johnson County that day. She additionally advised the officers that her driver’s license had been stolen, which can be why it ended up within the arms of the opposite Black girl.
McAlister started crying as her buddy tried to inform the cops the pictures of the 2 ladies didn’t match, however the cops transported her to the Platte County Jail.
It was not till 4 days later, on October 18, 2023, that an worker on the jail requested McAlister to indicate him her tattoos, which didn’t match the tattoos of the particular suspect, which was when he was launched.
“Defendants Greenwalt and Zils knew or ought to have recognized that the arrest of Plaintiff was unlawful and that Defendants had no proper to arrest, detain, or imprison Plaintiff,” the lawsuit states.
“On account of these actions, Plaintiff has skilled emotional misery which has manifested itself in methods together with, however not restricted to, anxiousness, concern, humiliation, degradation, and stress.”
