Police pulled over a SC teen and held her at gunpoint. She says they had the wrong car. (2024)

NORTH MYRTLE BEACH — A recent high school graduate who police detained and held at gunpoint in connection with a car theft she was not involved with filed a federal lawsuit against the city of North Myrtle Beach, according to court records.

La’Nisha Hemingway accuses the city, Police Chief Dana Crowell and officers Michael Pacileo and Kayla Wallace of violating her civil rights during the May 3 traffic stop.

The lawsuit states Pacileo and Wallace pulled over Hemingway’s car, drew their guns and arrested her while searching her vehicle without a warrant or probable cause.

The officers had mistaken her vehicle for another car that had been reported stolen. They didn’t ask for or check Hemingway’s license and registration during the exchange, according to the lawsuit.

“Vesting officers with the lawful authority to use force to protect the public welfare requires a careful balancing of all human interests,” the June 17 lawsuit contends. “Despite this duty, the city of North Myrtle Beach, its police department and its officers showed no care and outright disregarded the interest of La’Nisha Hemingway on the day of this encounter.”

A spokesperson for the city could not be reached for comment, and police department spokesman Patrick Wilkinson declined to discuss the pending litigation.

Pacileo and Wallace are still employed with the department, according to S.C. Criminal Justice Academy records.

The stop occurred around 7 p.m. when Hemingway was driving a dark gray Dodge Charger near 4509 U.S. Highway 17 South in North Myrtle Beach. Hemingway, then a senior at North Myrtle Beach High School, planned to attend an event to celebrate her upcoming graduation with some of her friends.

The lawsuit says Hemingway wasn’t speeding when she was stopped.

Officers Pacileo and Wallace had received a stolen vehicle notification from the police department, which alerted them that a silver Dodge Challenger with a specific license plate number was located on Barefoot Resort Bridge Road and headed into the city.

The officers turned on their sirens and blue lights and pulled their cars to the front and rear of Hemingway’s vehicle. Both officers jumped out, drew their weapons and ordered Hemingway to show her hands and get out of the car.

Wallace ordered Hemingway to face away from her, walk slowly toward her and get on her knees, where Wallace placed her under arrest while Pacileo searched Hemingway’s vehicle.

Wallace can be heard on body camera footage acknowledging that Hemingway’s vehicle is not the one they received the notification about, according to the lawsuit. Despite this, she drew her weapon and proceeded with the arrest.

Wallace told Hemingway that she had received a “hit” that the vehicle was stolen and she only released the teen after Pacileo searched Hemingway’s car and told Wallace that the vehicle was “not it,” according to the lawsuit.

While Pacileo searched the car, Hemingway asked the officers if they had checked her plate number before pulling her over, according to the lawsuit. Hemingway claims she asked the officers at least twice if she could call her mother because she was “in utter shock and fear for her life.” The officers did not let Hemingway call her mother, nor did they attempt to contact her mother during the interaction, according to the lawsuit.

“After being uncuffed, (Hemingway) returned to her vehicle to leave the scene in shock, disbelief, traumatized, angry, and emotionally disturbed by what transpired,” the lawsuit stated.

Hemingway contends the officers did not complete a Public Contact Report, as required by law, and did not document the incident until Hemingway’s family members contacted the police department to get more information. She claims they did this “to escape accountability to the public for violating her constitutional rights.”

“Pacileo and Wallace used the resources and abused the power and authority of their office to violate her constitutional rights, a citizen, to whom which they took an oath to protect and serve, in direct contradiction of their duties and accountability to the public,” the lawsuit stated.

Hemingway has accused the officers of excessive force and violating her right to due process.

Crowell, the police chief, is being sued for supervisor liability and has been accused of failing to properly train her officers.

Hemingway alleges the city was negligent and/or reckless in its hiring, training, retention and supervision of its employees. She’s also accused the city of false imprisonment.

Hemingway is seeking a jury trial and unspecified monetary damages.