An appeals court has ruled that a Medicine Park police officer is not immune from a lawsuit that alleges he used excessive force when he arrested a 73-year-old man during a traffic stop.
BY ROBERT E. BOCZKIEWICZ Modified: August 7, 2013 at 8:38 pm Published: August 8, 2013
DENVER An appeals court has ruled that a police officer in Comanche County is not immune from a lawsuit that alleges he used excessive force when he arrested a 73-year-old man during a traffic stop.
The 10th U.S. Circuit Court of Appeals ruled 3-0 Wednesday against Medicine Park officer Thomas Adrahtas, allowing a lawsuit against him to move forward in U.S. District Court in Oklahoma City.
Everett Thomas filed the suit stemming from a 2009 incident in which the officer stopped Thomas for driving with no taillights on a trailer.
The appellate judges said the court record contains sworn statements and medical records to the effect that after (Thomas) was handcuffed, (Adrahtas) stepped on his back, rendering him unconscious, drop-kicked him in the head and neck, and repeatedly slammed the patrol car door on his leg, causing significant injuries. The judges said the officer's appeals brief does not adequately confront this evidence.
Senior Judge Tim Leonard, who is presiding over the case in Oklahoma City, had denied Adrahtas' immunity claim saying the case presents significant issues regarding the believability and credibility of the parties and the witnesses which must be resolved by a jury.
http://newsok.com/oklahoma-excessive-force-lawsuit-can-proceed-judges-rule/article/3869974
BY ROBERT E. BOCZKIEWICZ Modified: August 7, 2013 at 8:38 pm Published: August 8, 2013
DENVER An appeals court has ruled that a police officer in Comanche County is not immune from a lawsuit that alleges he used excessive force when he arrested a 73-year-old man during a traffic stop.
The 10th U.S. Circuit Court of Appeals ruled 3-0 Wednesday against Medicine Park officer Thomas Adrahtas, allowing a lawsuit against him to move forward in U.S. District Court in Oklahoma City.
Everett Thomas filed the suit stemming from a 2009 incident in which the officer stopped Thomas for driving with no taillights on a trailer.
The appellate judges said the court record contains sworn statements and medical records to the effect that after (Thomas) was handcuffed, (Adrahtas) stepped on his back, rendering him unconscious, drop-kicked him in the head and neck, and repeatedly slammed the patrol car door on his leg, causing significant injuries. The judges said the officer's appeals brief does not adequately confront this evidence.
Senior Judge Tim Leonard, who is presiding over the case in Oklahoma City, had denied Adrahtas' immunity claim saying the case presents significant issues regarding the believability and credibility of the parties and the witnesses which must be resolved by a jury.
http://newsok.com/oklahoma-excessive-force-lawsuit-can-proceed-judges-rule/article/3869974
