Kansas City Star (MO) (KRT) via NewsEdge Corporation
Jan. 17--Kansas City, Kan., police officers denied violating the civil rights of those celebrating an 18-year-old's birthday when officers broke up a party more than two years ago.
The answer was filed in U.S. District Court in Kansas City, Kan., on Tuesday in response to a federal lawsuit filed in November by seven members of Gerene Hamilton's family and two guests.
The officers claim that the force they used when they broke up the party was justified and necessary to make lawful arrests and to defend themselves or others from bodily harm.
The plaintiffs claimed police entered the home without a warrant, ordered people to leave, and then kicked and hit adults and juveniles with fists and flashlights. They claim the officers used racial and sexual slurs.
They also accused police of using chemical spray on several people, including a 14-year-old boy with asthma and then denying him water.
An attorney for the Hamiltons declined to comment Wednesday on the answer.
The suit stems from Hamilton's granddaughter's birthday party on Nov. 18, 2005, in the family's duplex in the 5600 block of Crest Drive.
Police named in the lawsuit are Officers Mark Wilcox, Wayne Hopkins, Scarlett V. McConnell and Amy Allen, Sgt. Kenneth Schafer and Detective R. Nepote.
Among the plaintiffs are Hamilton, her husband, Bobby Joe Hamilton; daughters Gynon Hamilton and Vickey Everidge; TyEisha Jennings and two other grandchildren; and party guests Derrick Fulson and Everidge's boyfriend, Avery Verser.
Some of the adults were charged with and found guilty of municipal offenses, but the charges had been dismissed on appeal, except for an obstruction conviction against a guest who did not seek appeal.
An FBI investigation stalled when the family failed to cooperate. An attorney for the family had said they did not trust the FBI to investigate.
In their answer to the suit, the officers claim they went to the duplex after receiving 911 calls made by neighbors. Police told the family that they had received complaints and it was time to end the party.
The officers claim they arrested the individuals for probable cause on such charges as battery on a law enforcement officer, obstruction and resisting arrest. The officers claim the force used on the plaintiffs was not excessive and was objectively reasonable.
Information From: LexisNexis Wire Service
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