Posted on 03/11/2010 12:37:39 AM PST by The Magical Mischief Tour
A South Side man has sued a host of city and Mahoning County officials for more than $325,000, saying a city police officer unnecessarily unleashed a police dog on him, causing him pain, suffering and medical expenses and the complete loss of the use of his right arm.
William Oliver, of East Avondale Avenue, sued police-dog handler Frank Rutherford, Mayor Jay Williams, police Chief Jimmy Hughes, Sheriff Randall Wellington and the county commissioners earlier this week in Mahoning County Common Pleas Court.
The county prosecutor’s and city law director’s offices and Hughes did not respond to a request to comment.
On March 9, 2009, Rutherford stopped a car driven by Shon D. Rankin, 30, of Nelson Avenue, in which Oliver was a passenger, the lawsuit says. Rankin fled on foot, but Oliver remained in the car and made no attempt to flee.
After the dog attacked and permanently injured Oliver, Rutherford falsely told Oliver he could not be treated for his injuries at St. Elizabeth Health Center unless he signed a release of liability, thereby forcing Oliver to sign the release under severe duress, the suit says.
Rutherford was part of the Mahoning Valley Law Enforcement Task Force, which is a joint effort of the city and county, the suit says.
The dog attack constituted excessive force and false imprisonment, violated Oliver’s civil liberties and resulted from negligent and inadequate training and supervision, the suit says.
The complaint, which demands a jury trial, is assigned to Judge R. Scott Krichbaum.
Four days after the traffic stop, police arrested Rankin on a secret indictment charging him with trafficking in marijuana and failure to comply with a police order.
In a plea deal, the prosecution dropped the marijuana charge, Rankin pleaded guilty to failure to comply, and Judge John M. Durkin sentenced him to two years in prison.
Police charged Oliver, 38, with drug possession on the day of the traffic stop, but the charge was dismissed April 29, 2009, by Magistrate Anthony Sertick of Youngstown Municipal Court.
So basically these two were stopped, most likely for a "traffic violation" that you would have no way of proving that you didn't do, such as weaving etc... (Cops word against yours)
The driver ran once he stopped the car.
The cops, instead of turning the dog lose to go after the driver, turned the dog lose on the passenger... who was still sitting in the car. And the dog did serious injury to him for what will be in the end having committed no crime at all.
Drug charges were trumped up against both driver and passenger by the cops and then promptly dismissed by the courts.
So... other than a traffic violation what did these two do that justified the dog tearing this guy limb from limb?
The cop enjoyed it.
You had to have been there.
There seems to be some important info missing between "flee" and "After."
Gee, a logical statement. This story is sparse on facts.
Running is as much as proclaiming your guilt. All the moron had to do was take the traffic citation. As a matter of principle, always decline to let them search the car if they try to get permission to do so.
unless, of course, he was being tailed because of his drug dealing...then all bets are off.
Ohio Ping
Really?
Please cite for me the defining or controlling case law that supports that claim.
Maybe he ran because he knew these cops were questionable, would beat your ass at the drop of a hat and were predisposed to use excessive force?
In this case he'd of been right... maybe he had a history with these cops. One where they tended to over reach, make up reasons to search and or arrest you, ones that would be tossed out by the courts. And maybe he felt like running away from these thugs was the best course of action.
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