|
Inmate's case vs. CPD, sheriff dismissed
By Richard Reeder
This document was published online on Wednesday, July 30, 2008
A federal civil rights lawsuit against the city, police, county and sheriff has been dismissed.
Nicholas Carter of Gillette, attorney for Rudolf Dehaan, filed a motion to dismiss in Federal District Court in Cheyenne on July 16.
Dehaan had sued the Cody Police Department, Chief Perry Rockvam, Park County Sheriff's Department, Park County Detention Center, Sheriff Scott Steward and former Cody police officer Torin Chambers, who now works in Utah.
The dismissal was filed after attorneys for the city, county and individual defendants filed motions for the court to grant a summary judgment to the defendants.
Court records said the summary judgment was never ruled on because the dismissal was filed.
“The plaintiff, after consulting with legal counsel, filed the motion to dismiss without prejudice and with each party bearing their own costs,” the file states.
No details or explanation of the motion were filed with the court. Carter, a Democratic candidate for the U.S. Senate, was in a trial this week and unavailable for comment.
Rockvam, Steward, who was not sheriff at the time of the arrest, and Chambers were represented by Christine Cox of the attorney general's office.
Cox would only confirm the dismissal of the suit.
“The court file only indicates the plaintiff filed for a dismissal,” she said.
“It's fairly uncommon for plaintiffs to file a dismissal,” Park County Attorney Bryan Skoric said. “Without knowing why he did it we are all pleased at the outcome.
“Sheriff Steward is certainly pleased,” he added. “This is a positive outcome for all of us.”
City attorney Scott Kolpitcke said the dismissal validate's the city's longtime stance.
“It really shows what we thought, and that was the case was without merit,” he said. “He named an officer, Torin, who wasn't even on duty at that time.
“Dehaan was arrested on a warrant and our officers didn't do anything wrong,” he added. “This validates what we knew and what we could prove.”
Dehaan, of Worland, filed suit in October 2007 alleging during an arrest in 2004 his arm was broken and he was denied medical treatment.
He was seeking $250,000 and legal fees.
Dehaan's original complaint said during his arrest on Oct. 29, 2004, his arm, which was in a cast from a previous accident, was twisted behind his back. The arrest occurred at 8:30 p.m. at the Wigwam Motel on Alger Avenue. Police records showed Chambers went off-duty at 4 p.m.
Dehaan's complaint claimed he was denied medical treatment for his injuries until Nov. 4 when he was transferred to the Big Horn County Jail because of overcrowding at the old Park County facility.
|
Popular Searches
FCV wrote on Aug 3, 2008 2:58 AM: