Asher v. Birmingham Police Department et al

On March 15, 2023, Daniel Asher filed a civil rights lawsuit against the Birmingham Police Department and Officers Michael Turner and Sarah Collins. The complaint alleged that during a traffic stop for a minor infraction, the officers forcibly removed Asher from his vehicle, deployed a taser, and struck him repeatedly without justification. The incident, partially captured on body-worn and dashboard cameras, resulted in physical injuries and emotional distress. Asher claimed violations of his Fourth and Fourteenth Amendment rights under 42 U.S.C. § 1983, including excessive force, false arrest, and malicious prosecution. He sought compensatory and punitive damages, asserting that the department's failure to properly train and discipline officers constituted a custom of condoning brutality. The case became a focal point for allegations of systemic misconduct within the Birmingham Police Department.

The parties reached a confidential out-of-court settlement in early 2024. The City of Birmingham agreed to pay an undisclosed sum to Daniel Asher without admitting liability and committed to implementing enhanced de-escalation training and reviewing use-of-force protocols.

Whether the officers applied objectively unreasonable force and lacked probable cause for the arrest; whether the Birmingham Police Department maintained a policy or custom of tacitly authorizing excessive force, thereby incurring municipal liability under Monell v. Department of Social Services.

The case intensified scrutiny of the Birmingham Police Department and spurred public demands for independent civilian oversight. It contributed to city council debates on police reform, resulting in increased funding for body-worn camera programs and revisions to use-of-force policies. Community activists cited the settlement as evidence of systemic accountability failures, while law enforcement representatives emphasized the need to balance officer safety with constitutional policing.