Wichita Eagle, The (KS) (KRT) via NewsEdge Corporation
A jury on Monday found that a Sedgwick County sheriff's deputy used excessive force against a woman being held in the jail, and awarded her about $78,000.
In her lawsuit in Sedgwick County District Court, Julia Desmarteau alleged that Deputy Dan Oliver broke her elbow and wrist in an alcohol-breath-testing room at the jail in 2004 after arresting her on suspicion of DUI.
Art Chalmers, a private attorney representing the Sheriff's Office, said he doesn't know of any other excessive-force verdict against the department.
"Obviously, we're disappointed with the verdict," Chalmers said. Regarding the finding that Oliver used unreasonable force, Chalmers said, "The county takes that seriously."
Sheriff's Maj. Jackie Stuart said the Sheriff's Office had no comment beyond what its attorney said, and Oliver couldn't be reached for comment.
Of the verdict, Desmarteau said: "I'm extremely happy to have my day in court, finally. I didn't believe that those trusted to enforce the laws should abuse them."
Because of her injuries, she said, she still has limited motion in her shoulder.
Her attorney, Mark Schoenhofer, said he wanted to "get my client compensated for injuries she didn't need to suffer."
Desmarteau's lawsuit against Sheriff Gary Steed sought about $354,000 in damages.
After listening to four days of testimony, jurors found that although the force was excessive, Oliver didn't intentionally hurt Desmarteau. The jury found that
the deputy was 67.75 percent at fault and that Desmarteau was 32.25 percent at fault and that she "obstructed, resisted or opposed" Oliver.
Oliver had alleged that Desmarteau tried to swat at him in the breath-testing room, but she denied it, Schoenhofer said.
Schoenhofer said that Oliver twisted her arm and pulled her out of a chair "in one swift, jerking motion," causing her injuries. She was 46 and much smaller than Oliver, who is about 6 feet, 6 inches tall and 330 pounds, Schoenhofer said.
But Chalmers, the county's attorney, said Oliver "used a use-of-force lock that is common in law enforcement," that minimizes the chance of injury.
District Judge Jeff Goering found no evidence to support the claim that Oliver was improperly trained and supervised, Chalmers said.
Chalmers said Oliver, now 28, is a "rising star" in the Sheriff's Office, has been a use-of-force trainer himself, and was cleared in an internal investigation.
But Schoenhofer said: "Deputy Oliver may be in most instances a very good deputy. The issue here: Was a mistake made, was the force unreasonable? And the jury said yes."
Chalmers said it's too early to say whether the case will be appealed, and said a question remains whether the lawsuit was filed in time.
Monday afternoon, because of a medical emergency involving a family member, Schoenhofer wasn't in the courtroom when a court employee read the verdict. Attorney Larry Wall stood in for Schoenhofer. Wall is representing Edgar Richard, a 60-year-old mentally ill inmate who suffered a severely broken jaw and other injuries in February in what the Sheriff's Office says was an altercation with a deputy. Wall says he plans to file an excessive-force lawsuit on Richard's behalf.
After the verdict in the Desmarteau case, Wall said, "The monetary award is inadequate because it cannot restore faith in the system.... It is an act of courage to sit in judgment of the local Sheriff's Department."
After the judge dismissed the jurors and said they were free to comment, jury foreman Brian FitzGerald said, "It was very hard to come to the decision. This was not an easy thing to determine."
Information From: LexisNexis Wire Service
Posted by: Deuce
67.75%?? What the fuck is this a motor vehicle accident? Just proves that people are morons and worse at being jurors. So it's ok to resist, they even said so, but it's not ok for cops to go hands on.. Jesus would they rather OC or a Taser be used? Some how I really doubt that..
Fuck it, go ahead you dumbshits, endanger your lives and everyone around you. Don't take responsibility for your actions, do what you want because more and more cops are saying screw it you're not worth my job...
What has 2 thumbs and doesn't give a damn?? This guy right here....
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