‘Bro, You All Tripping’: Iowa Black Man Spotted Cops Threatening to Arrest Homeless Man for Shoplifting. He Offered to Pay for the Items, But Ended Up In Handcuffs Instead
Eddy Kirby, a 45-year-old Black man from Iowa, spotted two cops threatening to arrest a homeless man for shoplifting, so he told the cops he would pay for the items since he knew the man from the neighborhood. But the Des Moines police officers ended up handcuffing him, threatening to arrest him for interfering with their investigation. Now Kirby has filed a federal lawsuit against the two Des Moines police officers, Michael Hoopes and Bryan Loftus, accusing them of violating his Fourth Amendment rights, false arrest and trespass to a person. Eddy Kirby, a 45-year-old Black man from Iowa, was unlawfully detained by police in what appears to be another case of racial profiling after filing a lawsuit against other cops for unlawfully detaining him (Photo: facebook.com/515HARDBODY) Also listed as a defendant is the city of Des Moines because the detainment took place while they were representing the city. “Officers Hoopes and Loftus violated Kirby’s clearly established constitutional rights by seizing Edward without reasonable suspicion he had committed a crime,” the lawsuit states. “No probable cause or reasonable suspicion existed to justify the seizure, as Edward had asked one question from several feet away.” ‘I’m Gonna Hurt You!’: North Carolina Trooper Punches, Drags Disabled Man After Seizure-Induced Crash and the Disturbing Accusation That Followed Led to a Lawsuit That question was how much it would be to bail his friend out, which angered the cops, ordering him to “go away,” but he stood his ground, refusing to leave because it was an unlawful order. The cops then handcuffed him, accusing him of interfering, but then released him a couple of minutes later, along with the homeless man. “Officers Hoopes and Loftus’ actions were willful, wanton and unlawful, and in gross disregard of Kirby’s civil rights, justifying an award of punitive damages,” the claim states. But Kirby was detained again in front of his home by another police department around the time he filed the lawsuit, accused of “matching the description” of another Black man wearing all black who they said was seen trying to break into cars — several weeks earlier. Watch the video below. The First Unlawful Detainment The initial detainment by Des Moines police took place on Aug. 17, 2023, while Kirby was pumping gas into his car at a local convenience store. The cops arrived after receiving a call that the homeless man had been shoplifting. Kirby recognized the man from his neighborhood and tried to help him out by offering to pay for the items he was accused of stealing. While paying for the items, the cops told him they were going to arrest the homeless man anyway because he had violated a trespassing order from the convenience store. The cops handcuffed the homeless man and placed him in the back of a patrol car. They then sat in the front seat of the car and typed in the man’s name into their computer, discovering he did not have a trespass warning against him, so there were no grounds to arrest him. Meanwhile, Kirby drove his car next to the patrol car to ask the cops how much his bail would be in order to get him released. “How much does it cost?” he asked. “Hey, go away,” the cop ordered. One of the cops then stepped out of the patrol car and approached Kirby, who also stepped out of his car with his hands raised, asking what he had done wrong. The cop ordered him to turn around and handcuffed him, accusing him of interfering with their investigation. But apparently, the cops realized they had erred and released him and his friend with no charges or citations. Kirby responded by filing the lawsuit in state court, which was transferred to federal court earlier this month, claiming to have suffered humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress over the unlawful detainment. Iowa has one of the highest disparity rates in the nation between Black and white people arrested and imprisoned, according to the ACLU of Iowa. Not surprisingly, the Des Moines Police Department has been sued in the past for racial profiling, including by one Black man arrested for recording police during a traffic stop, resulting in a $25,000 settlement. The Second Unlawful Detainment On Sept. 6, Kirby posted a 10-minute video to his Facebook page, showing how he was detained by three Ankeny police officers in his neighborhood. Ankeny is a city in the Des Moines metropolitan area where less than 2 percent of its residents are Black. The Ankeny police officers claimed to have received a call about a Black man checking door handles of cars in the hopes of finding one unlocked. Kirby said he was only going for a walk in his mostly white neighborhood and refused to provide his name and address. “Am I under arrest?” Kirby asked the cops surrounding him. “You’re detained right now until we figure out who you are,” responded one of the cops. “Man, bro, you all tripping,” Kirby said. “I ain’t got to tell you nothing.” “What’s your address?” the cop asked. “I don’t have to tell you that,” Kirby responded. “I live here.” “How do I know you live here?” the cop responded. “How do you know I was checking door handles?” Kirby asked. “You got called in,” the cop claimed. “That’s a lie,” Kirby said. “By you sitting here making it harder for us, it looks like you’re lying to us,” the cop said. “I don’t care what it looks like to you,” said Kirby. “I haven’t committed a crime, nothing at all, you have no suspicion that I committed a crime.” After several more minutes of attempting to intimidate him into identifying himself, they gave up, realizing he was not going to give in. “Am I free to go?” he asked. “Yeah, you’re free to go,” a cop responded sarcastically. “Have a great night walking out there.” Atlanta Black Star reached out to Kirby for comment, but he did not respond.
