A Jefferson County three-judge panel has ruled that a former Birmingham police officer, who was fired five years ago for punching a female inmate after being hit by her, should not have been terminated.
Stephon Green, who is now 30 years old, was terminated from his position in 2019 and faced criminal charges for second-degree assault. He had been a member of the department since 2016.
In 2022, Jefferson County Circuit Judge Alaric May dismissed the felony charge after a Stand Your Ground hearing.
The judge emphasized that Green not only had the right to protect himself but also had a responsibility to regain control of the inmate.
Green took his case to Jefferson County Circuit Court after his appeal, which upheld his firing, was rejected by the Jefferson County Personnel Board.
On Wednesday, Judges Marshell Jacks, Kechia Davis, and Adrienne Moffett Powell unanimously reversed the decision of the personnel board to uphold Green’s termination. They also overturned the City of Birmingham’s decision to fire the officer when Patrick Smith was the police chief.
In a recent hearing, the judges concluded that Green’s termination lacked substantial and legal evidence. This ruling follows the hearing held last month.
According to Scott Morro, the attorney representing officer Stephon Green, his client has been vindicated. Morro expressed that Green is relieved to be able to return to the job he loves, which he was wrongfully terminated from.
Morro stated that he believed the individual should receive their back pay and benefits. He emphasized that while monetary compensation is important, it cannot fully compensate for the emotional, reputational, familial, and economic harm they have endured.
Morro insisted that someone owed Officer Green a sincere apology, acknowledging that the battle to maintain his job had been arduous but undeniably worthwhile.
When contacted for a comment regarding the judges’ decision to reinstate Green, Birmingham police directed inquiries to the Mayor’s Office. A spokesperson refrained from providing any statement, citing the possibility of ongoing litigation.
When August 2019 rolled around, Green, a 25-year-old officer from the South Precinct, received instructions to take a female inmate to UAB Hospital for a psychiatric evaluation.
As the 110-pound woman was placed on a hospital gurney, she found herself restrained with handcuffs and leg irons. Green ensured that she was securely handcuffed to the gurney, while the leg irons remained in place.
According to court records and previous testimony, during the psychiatric evaluation, the nurse requested the officer to free one of the woman’s hands in order to facilitate the insertion of an IV. Green complied with the nurse’s request.
The inmate started expressing her discomfort with her leg irons, stating that they were too tight. Green promptly responded by loosening and adjusting the restraints to alleviate the discomfort.
During the testimony, a patient care technician revealed that the inmate had struck Green, who in turn retaliated by hitting the inmate back and accidentally striking her in the eye.
Birmingham police Officer Stephon Green was taken into custody and subsequently terminated from his position following allegations that he had struck a female prisoner in the eye.
After reviewing the Stand Your Ground hearing in 2022, Judge May concluded that it is well-established in both statute and case law that individuals have the right to employ reasonable force in order to safeguard themselves from unlawful physical aggression or any imminent threat of physical harm from another person.
According to a ruling in 2022 by Judge May, it is stated that there is no provision in Alabama law that deprives an individual of their right to defend themselves against unlawful physical force solely based on their employment status with a specific organization.
“According to the statement, being employed as a Birmingham police officer did not deprive (Green) of his legal rights to self-defense.”
May believed that he had a duty to dismiss the criminal charges.
According to May, the officer had the responsibility to quickly regain control of the prisoner or inmate in a public medical facility. The individual in question was suspected of having a mental illness and potentially experiencing a psychotic incident.
