Pregnant Woman Sues State Police After Traffic Stop Results in Roll-Over Crash

Still from a police dash cam shows a trooper walking around Janice Nicole Harper's overturned car on U.S. Highway 167 in Pulaski County, Ark., file photo, July 9, 2020. Photo Source: Still from a police dash cam shows a trooper walking around Janice Nicole Harper's overturned car on U.S. Highway 167 in Pulaski County, Ark., on July 9, 2020. (Denton & Zachary, PLLC /Andrew Norwood via ABC News)

Arkansas state police are facing a lawsuit after one of their own caused the vehicle of a pregnant woman to flip over during a traffic stop.

On July 9, 2020, Nicole Harper, 38, was driving 84 miles per hour in a 70 mph zone along U.S. Highway 167 in Pulaski County, Arkansas. When Officer Rodney Dunn clocked her going 14 mph above the speed limit, he proceeded to pull her over. Dashcam footage from the officer's car shows that seconds after Officer Dunn turned on his sirens, Harper turned on her hazards displaying her intent to pull over. The footage shows a narrow shoulder in which Harper later explains she did not feel was a safe place to pull over.

Two minutes after turning on his sirens, Officer Dunn can be seen in the footage getting close to Harper’s vehicle as he attempts to pull a precision immobilization technique or PIT maneuver. This maneuver is used by officers when suspects are attempting to flee the police. Ideally, the maneuver is supposed to cause the vehicle to spin out so that suspects can no longer flee. In this case, Officer Dunn’s PIT maneuver caused Harper’s vehicle to spin out and then flip over in the middle of the highway.

In the footage, Dunn can be seen approaching the vehicle as he asks, “Are you the only one in the vehicle?" to which Harper responds, “Yes. I’m pregnant.”

Harper can then be heard saying, “I thought it would be safer to wait until the exit," to which Officer Dunn responds, “No, ma'am, you pull over when law enforcement stops you.”

In her lawsuit, Harper explains that the officer was “negligent” in his use of the PIT maneuver considering the circumstances. The suit explains that the officer put both her life and her unborn child's life in danger and that she “suffered severe bodily [injuries].”

Arkansas state police have not reprimanded the officer or stated that the officer used the PIT maneuver negligently. Arkansas state police spokesperson shared with a local news outlet KARK-TV that over the past five years, drivers not responding to police traffic stops in the way they allege Harper did have risen 52%. In 2020, the state’s use of the maneuver almost doubled from the previous year after 144 instances of the maneuver being used were recorded. Of the 144 instances, three resulted in fatalities.

Experts have shared with the Washington Post and NBC News that the maneuver can be effective and safe so long as it is used in pursuits going 35 mph or lower. However, the danger of the maneuver increases when the speed goes up. Experts also explain the maneuver can be especially dangerous when it is done on SUVs, trucks, and minivans because these cars are more prone to flipping due to their higher center of gravity.

Criminology professor at the University of South Carolina, Geoff Alpert, shared with NBC, "If used properly, a PIT is a good, safe maneuver." He adds, “And if used improperly, at high speeds, in the wrong area, against the wrong vehicle, it's deadly."

Arkansas state police Colonel Bill Bryant shared with another local news outlet his defense of his officer’s choice to use the maneuver. Bryan explains, "Upon the immediate approach of an authorized emergency vehicle displaying the signal to stop, the driver must pull over and stop. Should a driver make the decision to ignore the law and flee from police, state troopers are trained to consider their options." Bryant adds, "In every case a state trooper has used a PIT maneuver, the fleeing driver could have chosen to end the pursuit by doing what all law-abiding citizens do every day when a police officer turns on the blue lights—they pull over and stop."

Harper, however, points to the reality that the police department’s stance directly contradicts what the state’s driving guide advises. The Arkansas Driver License Study Guide explains that when a driver gets pulled over, they should respond by activating their hazard lights or turn signal so that they can let the officer know they are looking for a safe space to stop and pull over.

According to her lawsuit, Harper has requested a jury trial and is seeking damages “including but not limited to, actual, compensatory, special, consequential, and punitive damages exceeding $100,000.”

Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.
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