Posted on 07/02/2002 7:30:11 AM PDT by yankeedame
Tuesday, July 02, 2002
Officers sued in sex case
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Woman says police took her home drunk, then assaulted her
By Jane Prendergast, jprendergast@enquirer.com
The Cincinnati Enquirer
A woman who says two Cincinnati police officers forced her to have sex filed a lawsuit against them Monday, claiming they violated her civil rights while she was too intoxicated to object.
Kandy Linthicum said she was celebrating her 40th birthday in early December at Madonna's bar downtown. She'd had a dozen beers and four or five shots when Officers Robert Kidd and Robert Johnson offered to take her to her home, she said Monday in her first public comments about that night.
She felt safe with them, she remembered they were on duty, and they told her officers sometimes helped drunken people home to make sure they were OK.
They let her take carryout beer with her, she said, and let her drink it in the back of their cruiser on the way to her Corryville apartment.
Ms. Linthicum didn't feel threatened, she said, until the officers helped her into the apartment and she saw them take off their gun belts and lay them on her couch. Then they forced her to have sex with them, she said.
In no way would I have gone home with two men I'd never met before, Ms. Linthicum said, if they hadn't been police officers.
The case has been assigned to U.S. District Judge Susan Dlott, the same judge overseeing the collaborative settlement of a lawsuit alleging racial profiling and 30 years of discrimination by Cincinnati police.
Officers Kidd and Johnson both remain off-patrol, answering phones at the District 1 front desk. Police spokesman Lt. Kurt Byrd said Monday he expected the results of the internal investigation soon. Department officials refused to discuss the investigation.
Ms. Linthicum said she passed three lie-detector tests police gave her, but hasn't heard from investigators since the end of April. She said the officers contacted her after the alleged assault, asking to get together again. At one point, Rob called and left a message on a tapped phone placed in her apartment by internal investigators, she said.
The investigation initially centered on whether the sex was consensual police say it was, and the Hamilton County Prosecutor's Office determined no crime took place.
In her lawsuit, Ms. Linthicum claims the officers violated her constitutional rights, intentionally inflicted emotional distress and committed assault and battery. The lawsuit seeks compensatory and punitive damages, but does not name amounts. That won't be determined until more evidence is gathered, said Bob Newman, one of Ms. Linthicum's attorneys.
This is an abuse of power case, he said.
Ms. Linthicum was a bookkeeper and bartender at Shaker's In Town bar downtown, but she said she was let go three days after she told the owner what happened.
She's now working in a similar position at another establishment, she said.
Officer Johnson, 35, a former firefighter in Marion, Ind., has been a Cincinnati police officer since May 1997. Officer Kidd, 31, who has been on the force since 1998, has a wife and young child.
That's major league impaired.
And since they were on duty at the time, I'm assuming the were fired right away. (Yeah right.)
One can only imagine what a 40 year old woman who can drink this much looks like:
Damn. I guess she wont do THAT again anytime soon.
R-i-g-h-t... Her blood alcohol level was .40 and she claims to remember anything. Good luck at the trial.
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