CHARLOTTE, N.C. — A convenience store owner said in a federal lawsuit that officers with the Mint Hill Police Department used excessive force and illegally arrested him, causing him to lose his business.
Attorneys for Nicholas Francis filed the lawsuit in the Western District of North Carolina on Friday, Sept. 29 against the Town of Mint Hill and three police officers.
Francis owned Easy Shop, which was a convenience store located at the intersection of Eastway Drive and The Plaza. He and his family also ran a used car dealership on Albemarle Road.
In the 22-page complaint, Francis' attorneys said Officers Stephen Lang, Cassandra Scott and Thomas Zickler violated his civil rights after they followed him home one night.
In October 2020, Francis wrapped up some bookkeeping at the Easy Shop and headed home shortly after 1 a.m. According to his attorneys, he was followed home by Officer Scott, who had been on the lookout for a reported drunk driver.
Scott never activated her car lights, according to the complaint, but followed Francis onto his property.
"Francis was startled by a voice yelling, and the sound of running footsteps that appeared to be growing nearer, but because it was dark, he was unable to see the person," the complaint reads, adding, "Francis quickened his pace, as he was carrying Easy Shop’s cash deposit and was trying to get into his home safely."
Officer Scott allegedly grabbed Francis' shirt, tearing it off as he fled into his home.
Officers Lang and Zickler arrived as backup after Scott, who reportedly never identified herself as a police officer, made a call. The three forced their way into the home without a warrant, the lawsuit claims, as Lang pointed his service weapon at Francis' wife.
"Mrs. Francis held her hands in the air as she stood frozen in front of her stove," wrote the attorneys, detailing the moments when the officers are said to have stormed through the house in search of Francis.
Francis is represented in this federal action by attorneys with the Charlotte-based law firm Rawls, Scheer, Clary & Mingo, PLLC.
They said that Lang lunged at Francis with his service weapon drawn, grabbed his left arm, twisting him and then slamming his body face-down onto the wooden floor.
That's when Francis' arm snapped, they said.
"Francis wailed in pain, his face pouring blood and his left arm broken, while defendants Lang and Scott continued to assault and batter him as he lay face down on the floor and Defendant Zickler stood in the doorway and watched," the attorneys wrote.
They said that Lang's body-worn camera recorded Francis pleading, “I didn’t do nothing”, while Lang kneeled upon him, yanking Francis’s fractured arm behind his back as he applied handcuffs.
The business owner maintains that the officers had no reason for following him, entering his home, allegedly assaulting him and arresting him.
Francis said his injuries left him unable to run his store.
WCNC Charlotte reached out to the Mint Hill Police Department for comment, but has not received a response.
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