A Michigan resident is seeking at least $3 million in damages after alleging that police officers used excessive force and unlawfully seized him during a September 2025 encounter. The lawsuit was filed by Oliaran Pernell on April 7, 2026, in the United States District Court for the Eastern District of Michigan against the City of Flint and three named police officers: Courtney Banks, Collin Hambrick, and Amir James.
According to the complaint, Pernell claims that on September 13, 2025, he was a passenger in a vehicle near Saginaw Street and North Dort Highway in Flint when he was approached by the defendants. The filing states that “Defendants Courtney Banks, Collin Hambrick, and Amir James used immediate and unjustified physical force against OLIARAN PERNELL, a passenger in a vehicle, without probable cause or reasonable suspicion.” Pernell asserts that he was not driving the vehicle, was not suspected of any crime, did not resist arrest, nor posed any threat to the officers at any time during the incident.
The legal action is brought under Section 1983 of Title 42 of the United States Code. Pernell alleges that his clearly established rights under the Fourth Amendment were violated when officers reached into the vehicle and seized him without individualized suspicion. The complaint further details that “Defendants Banks, Hambrick, and James either directly applied force or were present and failed to intervene to prevent the unlawful use of force.” It also claims that Pernell suffered physical injuries as well as economic damages including loss of employment and future profits as a result of these actions.
The lawsuit outlines several counts against both individual officers and the City of Flint. Under Count I (Excessive Force), Pernell cites Supreme Court precedent stating “the Fourth Amendment prohibits objectively unreasonable force” (Graham v. Connor) as well as Sixth Circuit decisions holding that “force against a non-resisting suspect is excessive.” Count II (Unlawful Seizure) alleges there was no articulable suspicion or probable cause for his detention or arrest. Count III (Failure to Intervene) accuses each officer present at the scene of failing to act despite having “a reasonable opportunity to prevent such conduct,” specifically describing how they observed Pernell being forcibly removed from the vehicle, thrown to the ground, and subjected to pepper spray.
In addition to claims against individual officers, Count IV (Municipal Liability) targets alleged deficiencies in City policy. The complaint argues that “the City of Flint failed to properly train and supervise its officers,” resulting in constitutional violations through policies or customs amounting to deliberate indifference. It further alleges “the City has a custom of unlawful stops and detentions without reasonable suspicion or probable cause” and failed to implement safeguards or discipline offending officers.
State law claims are also included: Count V (Assault and Battery) asserts that “excessive force constitutes assault and battery” under Michigan law; Count VI (Gross Negligence) alleges defendants acted with recklessness showing substantial disregard for plaintiff’s safety pursuant to Michigan Compiled Laws section 691.1407(2).
Pernell requests judgment against all defendants for an amount not less than $3 million plus compensatory damages, punitive damages, attorney fees, costs under Section 1988 of Title 42 U.S.C., as well as any other relief deemed just by the court.
The complaint was submitted by attorney W. Otis Culpepper on behalf of Oliaran Pernell. The case is identified as Case No. 4:26-cv-11137-JEL-APP.
Source: 426cv11137_Oliaran_Pernell_v_City_of_Flint_Complaint_Eastern_District_of_Michigan.pdf
