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Defendants in Taser lawsuit file response
Published Wednesday, November 18, 2009
CHESAPEAKE — County officials named in a high-profile Tasing incident have denied allegations made in a federal civil rights suit filed against them and state they are protected by the doctrine of qualified immunity.
Two separate responses were filed the first part of November by attorneys for Lawrence County Sheriff Jeff Lawless, Deputy Charles Hammonds, Chesapeake Police Chief Dennis Gibson and the village of Chesapeake. Lawless and Hammonds are represented by Randall Lambert of Ironton; Gibson and the village have the firm of Surdyk, Dowd & Turner of Miamisburg as their lawyers.
In mid-August 2008, Anthony Patrick, a Huntington, W.Va.-based construction firm owner, and a juvenile were biking through Chesapeake. The juvenile, a nationally ranked racer and Patrick, an amateur cyclist, were on an endurance ride through Lawrence County before returning to Huntington, W.Va.
As they came through Chesapeake, they contend they were stopped and Tasered by Hammonds and Gibson, who was a Chesapeake patrolman at the time. Now Gibson is the police chief for Chesapeake. The incident happened on County Road 1, near the Chesapeake library. Patrick’s account of the events was later published in “Bicycling,” a national monthly magazine, and on its Website bicycling.com.
Patrick, then 37, was subsequently arrested and taken to the Lawrence County Jail, where he was charged with obstructing official business, resisting arrest, attempted assault on a police officer and operating a bike on the road.
He later was brought before Lawrence County Municipal Court where Judge Donald R. Capper granted Patrick’s motion that the officer had no probable cause for the arrest. Three months later, the Lawrence County Prosecutor’s office dismissed the case.
On Aug. 19, 2009, Patrick filed a lawsuit in U.S. District Court in Cincinnati against the three law enforcement officers and the village. Cincinnati-area based Steven Magas represents Patrick.
The suit seeks compensatory and punitive damages following what the documents filed in district court describe as “the illegal and intentional detention, attack, beating, arrest and Tasering of the plaintiff by defendants.”
The responses deny the suit’s allegations, including that Gibson and Hammonds “intentionally and maliciously deployed the Taser more than once after the plaintiff was incapacitated.”
Both defense attorneys invoke qualified immunity for their clients, a relatively recent defense concept, according to Darrell A. H. Miller, a law professor at the University of Cincinnati.
Miller recently spoke to The Tribune about qualified immunity that says, “officers are only liable, if they ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’
“What would an objective police officer under these circumstances have thought. If the answer to that question is there is no reason for him to know that it is a constitutional violation, (that would be qualified immunity,)” the professor said.
Gibson’s attorney also contends “if plaintiff was injured or damaged, any and all such injury or damage was proximately caused by the sole negligence of plaintiff,” the response states.
Both responses request the court dismiss Patrick’s complaint.
Phone calls made to both defense attorneys were not returned by press time.
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Comments
Posted by johnqpublic (anonymous) on November 18, 2009 at 11:22 a.m. (Suggest removal)
So, are they saying they didn't know any better than to do that?
Posted by bleedingheart (anonymous) on November 18, 2009 at 11:38 a.m. (Suggest removal)
The worse part is that the policeman stopped and harassed this gentlerman in the first place, (Before anyone says anything about cop bashing, my dad was a policeman.) We all know some policemen are hot-heads and do not need to be in a position where this might occur. By the way, I saw a gentleman that was a policeman in Coal Grove in a Sheriff's car and uniform the other day. Please don't tell me he is a deputy??? He is a perfect example of someone who cannot handle confrontational issues. If he is truly a sheriff now, then Lawrence County can only expect another law suit (or perhaps tragedy) in the future.
Posted by mytownirontown (anonymous) on November 18, 2009 at 11:40 a.m. (Suggest removal)
Seems to me like the cops used very poor judgement. This man owns a company and is willing to stand up against Lawrence county law enforcment. Good luck sir.. We need more like you in Lawrence County
Posted by bleedingheart (anonymous) on November 18, 2009 at 11:44 a.m. (Suggest removal)
Sorry Sheriff Lawless, I meant "If he is truly a deputy sheriff".
Posted by RabidTiger (anonymous) on November 18, 2009 at 12:55 p.m. (Suggest removal)
TOO MANY TIMES....
Bicyclists 'HAVE AN ATTITUDE' that they own the road...
I ALWAYS give a toot and attempt to move over to give them a 'WIDE BERTH' and usually get a thank you or a friendly wave.
But also... Im sorry to say you get nasty comments and the 'FLYIN FICKEL FINGER OF FATE' thrown at your direction.
On a highway the bicyclist must yield to the traffic and like i said... it is common sense for people to try to give them room...
But of late this past year I have come upon bicyclists riding in the right lanes of US52 and as many as 3 abreast on county road 1....
As a 'Former Bicyclist & Motorcyclist'... I always yielded to the larger vehicles and tried to remain courteous.
With the 'ATTITUDE' of most... BUT NOT ALL Bicyclists...
they take their share out of the middle of the road thereby endangering all people....
So... be governed accordingly and be respectfull of each other...
Break the law and get in people's faces... with attitude...
and someone is going down... or as in this case is going to JAIL....
Posted by buckfan4life2 (anonymous) on November 18, 2009 at 2:35 p.m. (Suggest removal)
I Don't like cops or bicyclist so I think they both should get the death penalty!
Posted by pinkpearl6886 (anonymous) on November 18, 2009 at 4:54 p.m. (Suggest removal)
bleedingheart yes he is a deputy.... and you are right we are waiting for the worst.....
Posted by osufan (anonymous) on November 18, 2009 at 5:54 p.m. (Suggest removal)
well i worked in chesapeake for 6 years and they (the cops)have always been respectful i dont beleave this s**t for one minute the guys on the bikes is out for a quick buck! we have real lagit issues to worry about so leave our cops alone!
Posted by seicer (anonymous) on November 19, 2009 at 6:14 p.m. (Suggest removal)
@RabidTiger: I would highly suggest that you consult your BMV and your licensing handbook for a revised definition of the law. It is inappropriate and uneducated comments, such as yours, that irks so many from even considering southern Ohio as a residence. The perceived notion that it is backwards comes true when you have a corrupt city, with its corrupt police force, harassing cyclists -- which also extends to their speed trap along State Route 7 (25 MPH on a four-lane highway), and their continued abuse. File a FOIA and read more about the hundreds of complaints that were filed against the department and city last year alone.
Posted by osufan (anonymous) on November 19, 2009 at 8:25 p.m. (Suggest removal)
they are not all bad cops yes some are but your right get your facts straight !dont judge them all because of a few!!
Posted by jenny (anonymous) on November 21, 2009 at 7:10 p.m. (Suggest removal)
the cyclist should have followed the instructions given them by the officers..then perhaps they would not have been tased in the first place..arrogance will get ya everytime.
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