Posted on 05/30/2005 7:37:48 AM PDT by billorites
Hudson- It was bad enough that police officer David Devore got stuck in the mud in his cruiser. But he got really mad when a resident took a picture of him.
So Devore took the memory card from the man's digital camera and erased the images.
For that action, he was suspended for a day and sued.
John Bell III filed the lawsuit Friday in Summit County Common Pleas Court against Devore and the city, claiming his civil rights were violated because he was stopped without probable cause, wrongfully detained, verbally abused and deprived of his property.
Jody Roberts, the city's communications manager, said the city and Devore agreed that he behaved inappropriately but that Bell's civil rights were not violated. Devore could not be reached for comment.
Bell, who is seeking more than $25,000 in punitive damages, unsuccessfully sought a settlement with the city, according to the lawsuit.
In the settlement request, Bell asked for $500,000 and new Police Department procedures, including psychological testing of officers, according to the lawsuit. The city's settlement offer was $1,000.
"His behavior was outrageous," Bell's attorney, Dean Hoover, said of Devore. "A day off without pay was a rap on the wrist."
Bell, 38, was driving to his home on Terex Road around 9 a.m. Feb. 6 when he saw a police car mired in the mud near his driveway, according to court documents.
Bell went home, got his camera and took several shots.
"His motivation was his whimsical sense of humor," Hoover said.
Devore, watching his car being towed out, did not find it funny, Hoover said. After Bell drove off, Hoover said, Devore radioed another officer to stop Bell without giving a reason. Devore pulled up, approached Bell and ordered Bell to give him his camera.
"You have three seconds to hand over your digital camera or I am going to make your life a living hell," Devore said, according to Bell's lawsuit.
Bell handed him the camera, and Devore removed the memory card.
When Bell picked up the card at the police station later that day, the images had been erased.
Devore was suspended a day without pay Feb. 15 for conduct unbecoming an officer, according to a disciplinary action form from the department.
It said he was counseled and his future traffic stops would be scrutinized and evaluated.
counseling is in order.
If the story relayed here is accurate, I hope this guy wins his lawsuit.
the cop should loose his job and be thrown in jail.
I'd add theft to the list of offences. If the story is accurate, this individual has no business being a police officer.
If it's correct, he should win, but $500,000? I can see $10K-$15K, but the sum asked for is nuts.
IF this is true, the Department Training needs to be scrutinized.
When I was a recruit in an Academy, I was taught:
There are three things you can to to a person:
A. Arrest with probable cause. B. NO probable cause, and you stop him/her=False Arrest 3. If you take him somewhere, with no probable cause=a kidnapping.
AS to property, you have two options: A. Collect for evidence or B. Theft.
This Department is flirting with a Federal Civil Rights investigation.
There was a tow truck pulling it out what more could have been done offer the cop a doughnut.
doesn't matter if you would be annoyed. He has no obligation to help the cop get his car out of the mud - would you crawl into a mud hole and ruin your clothes? It doesn't matter how annoyed you are, as an officer it does not give you the right to STEAL his memory card and erase it...cop should be fired or put in jail....this isn't a police state quite yet....
I used to know a few cops when younger, in a social way, not anti social, but they all had this "I'm the law" attitude.
There are some good cops, and I appreciate the job they do. But like everyone else, its a job. They deserve respect, but not specialized treatment.
Bell, 38, was driving to his home on Terex Road around 9 a.m. Feb. 6 when he saw a police car mired in the mud near his driveway, according to court documents. Bell went home, got his camera and took several shots. "His motivation was his whimsical sense of humor," Hoover said.
I missed that part. Don't know how, it's there big as life.
Your right, that is a little crazy.
At he very least I would not take a picture so I could laugh at the person later!
Devore, watching his car being towed out, did not find it funny, Hoover said
A policeman has no right to use the powers society grants him for his own aggrandizement. A policeman who does so is not only obnoxious, he is positively dangerous. This one used the power of his badge and uniform to do something for his own personal benefit that he could never have done without the authority granted him by society. He's a bad cop.
Devore, watching his car being towed out . . .
He didn't need any help.
So his rights were violated - boo hoo! /sarc
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