In a recent court filing, Martinsville Sheriff’s Deputy Reva Keen alleged that she “responded to nonverbal signals” from other city officials when removing Councilman Aaron Rawls from the March 25 Martinsville City Council meeting.
Rawls filed a federal civil rights lawsuit on June 2, alleging his First, Fourth, and 14th Amendment rights were violated during the meeting. The suit names both Keen and Ferrell-Benavides as defendants.
In the new filing by attorney Ward Armstrong of the Armstrong Law Firm of Va., PLLC, Keen outlined reasons the court should set aside the entry of default against her, and allow her to file a response.
The 11-page filing and accompanying pages of exhibits, allege in part that before the March 25 meeting, Keen was informed by Human Resources Director Travis Hodge that Rawls “had thrown a chair during a closed session earlier that day.”
Between the closed and open session meeting, the filing alleges that Jones “came up to me and told me something to the effect of I could do whatever I needed to do, which I understood to be in reference to my responsibilities” to maintain safety and order, the filing alleged.
Near the end of the public meeting, the filing alleges Rawls “launched into a speech that quickly became aggressive and personal, including clear references and verbal attacks …” of Councilman Rayshaun Gravely and members of the public. Rawls also “made remarks critical of city leadership and voiced opposition to a pay raise” for Ferrell-Benavides.
Jones “repeatedly requested” Rawls to “fall in order,” but Rawls did not comply. After “receiving non-verbal signals from both the City Manager and Mayor indicating” Rawls should be removed, “Keen used her discretion and experience to approach” Rawls and instruct him to leave the meeting.
The filing notes that Keen “was concerned for the safety of those present, particularly given the high tensions in the room,” the earlier report of Rawls throwing a chair, “and reasonably feared a fight could break out between” Rawls and Gravely, whom Rawls “did not hesitate to personally attack.”
After observing Rawls’ conduct and receiving the signals, Keen escorted him from the meeting room “without using physical force, simply guiding him toward the side door exit as he, by all appearances, voluntarily complied,” according to the filing.
The evidence shows Keen “was fulfilling this important governmental function” when she removed Rawls “after being signaled by Mayor Jones and City Manager Ferrell-Benavides to do so. Her actions were a measured response aimed at preserving order and ensuring public safety in accordance with her duties, not an effort to silence (Rawls’) speech or seize him,” the filing states.
Keen is seeking qualified immunity, which “attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
“Keen will have much more to say about her defenses” and Rawls’ claims in future pleadings, “as a motion to set aside default is not the appropriate setting in which to address all of these matters,” the filing states.
