A Black man is suing Des Moines police after officers handcuffed him while he was trying to help a homeless man avoid arrest.
According to Atlanta Black Star, Eddy Kirby, 45, filed a federal lawsuit accusing two Des Moines officers of violating his civil rights when he was detained in August 2023.
The incident unfolded after Kirby saw officers Michael Hoopes and Bryan Loftus threatening to arrest a man accused of shoplifting. Kirby, who recognized the man from his neighborhood, offered to pay for the items. Instead of accepting the offer, officers handcuffed Kirby and threatened to arrest him for interfering.
According to the federal lawsuit, the officers “violated Kirby’s clearly established constitutional rights by seizing [him] without reasonable suspicion he had committed a crime.”
“No probable cause or reasonable suspicion existed to justify the seizure, as Edward had asked one question from several feet away,” the lawsuit reads.
The question posed by Edward was simply, “How much does it cost?”
Officers ordered Kirby to “go away,” but he refused, citing that it was an unlawful command. He then stepped out of his vehicle with his hands raised. Moments later, one officer handcuffed him, accusing him of interference. Both Kirby and the homeless man were released shortly after, without charges.
The city of Des Moines is also named in the lawsuit, which accuses the officers of false arrest, trespass, and violating Kirby’s Fourth Amendment rights. The suit claims Kirby suffered humiliation, emotional distress, and damage to his reputation.
“Officers Hoopes and Loftus’ actions were willful, wanton, and unlawful,” the complaint reads, “justifying an award of punitive damages.”
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