A lawsuit arising from the 2020 arrest of a Marion woman inside her own home—an arrest later ruled unlawful by the Perry County Circuit Court—faces a flurry of last-minute motions from the defendants as a March 30 jury trial approaches.
Attorneys for the City of Marion, former police chief Damien Steele, and former officer Lonnie Glenn filed two motions and a proposed order last week asking Judge Marvin W. Wiggins to dismiss the case entirely before it reaches a jury. The filings, submitted March 20 and March 22, include a proposed order that would dismiss every claim with prejudice, vacate the trial setting, and tax costs to the plaintiff.
The plaintiff, Lucinda Shelton of Marion, filed the lawsuit in August 2023 alleging assault and battery, malicious prosecution, and false imprisonment stemming from a Feb. 18, 2020, incident at her home on Aurelia Street. She is represented by Marion attorney Robert H. Turner Sr.; the defendants are represented by Henry “Hank” Sanders of Selma.
The Incident and Acquittal
According to the complaint, Officers Glenn and Steele were dispatched to Shelton’s residence on Feb. 18, 2020, after a call to the Marion Police Department. Shelton was inside her home when the officers arrived. The complaint alleges that when Shelton opened her door, Glenn asked about someone inside the home and demanded that Shelton produce the person.
When Shelton asked the person to wait because she was not dressed, Glenn entered the home without a warrant, shoved Shelton over a chair and into a refrigerator, and handcuffed her. Both officers then placed Shelton in the back of a patrol car. The complaint states that:
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Neither officer possessed a warrant.
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Shelton was unarmed and not engaged in violent behavior.
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The force used was excessive.
Shelton was charged with harassment, resisting arrest, and disorderly conduct. The City of Marion prosecuted her in its city court and later in Perry County Circuit Court. On May 25, 2023, the circuit court granted a motion for judgment of acquittal, finding that the evidence showed no lawful arrest was being made and that Shelton had a right to resist an unlawful arrest at her home. The court dismissed the criminal case and discharged Shelton.
The Civil Lawsuit
Shelton filed her civil complaint less than three months after the acquittal, in August 2023, asserting claims for:
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Assault and battery against each officer individually.
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Malicious prosecution against all three defendants.
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False imprisonment against all three defendants.
In May 2025, the court granted Shelton’s motion to amend her complaint to add two additional counts under 42 U.S.C. § 1983, the federal civil rights statute, alleging violations of her constitutional rights.
The Defense Arguments
The defendants’ proposed order, filed March 22, lays out their arguments on multiple fronts:
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Statute of Limitations: On the § 1983 claims, the defendants argue that both the original and amended complaints were filed more than two years after the February 2020 incident, exceeding the statute of limitations for federal civil rights claims in Alabama.
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Notice of Claim: Regarding claims against the city, defendants argue Shelton failed to file a notice of claim or sworn statement with the city clerk within six months of the incident, as required under Alabama Code §§ 11-47-23 and 11-47-192.
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Immunity: For state law claims against the officers individually, the defendants invoke state-agent immunity under Alabama Code § 6-5-338, arguing the officers were performing discretionary law-enforcement functions.
The defendants’ proposed order also presents a significantly different account of the incident. Affidavits from the officers state they were responding to 911 calls regarding a minor girl feared held against her will. Their version claims Shelton refused for 40 minutes to allow officers to see the minor, attempted to close the door on Officer Glenn, and attempted to strike him before he announced her arrest. The defendants argue these facts establish probable cause as a matter of law.
Current Status
The case has been continued multiple times since its 2023 filing. On March 20, Sanders filed a motion asking the court to rule on the pending summary judgment and dismissal motions, noting they had been undecided for months with trial only one week away.
Judge Wiggins has not yet ruled on any of the pending dispositive motions. As of press time, the jury trial remains set for March 30 at 9:00 a.m. in the Perry County Circuit Court.
