Federal civil rights lawsuit over traffic stop moves forward

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by KREM.com

KREM.com

Posted on August 9, 2010 at 6:23 PM

COEUR D'ALENE-- A federal civil rights lawsuit against the Coeur d’Alene police department is moving forward. A judge ruled the case of Deloyd Scott can go to a jury.

Scott was tasered seven times in 2008. The whole thing happened when he passed a traffic stop on his bike.

Coeur d’Alene city attorneys had tried to get the case thrown out. Their motion for summary judgment was partially successful. A judge threw some of the case out, but there is a lot left.

This case involves a complex traffic stop in May, 2008. Conrad Steele’s car was pulled over and searched by police. Steele says the search was done for no reason, expect his past history of DUI. The main issue in the case though is that of Deloyd Scott. He was passing the traffic stop on his bike, with no light on it, when police stopped him. Scott refused to give his ID, began demanding his attorney, and was wrestled to the ground. He was then tasered, ripped an officer’s flashlight away, hit one of them with it, and was tasered again.

Attorney Larry Purviance says the judge ruled that a reasonable jury could find the police used excessive force in both of them, which is beyond what he argued. To be clear, this is what the judge ruled. Only 4 of the claims can go forward, the alleged unreasonable search of Mr. Steele’s car and the alleged excessive force against Mr. Scott.

But the judge threw several other claims out, including one filed by the people who captured the whole thing on tape. An officer came to them and tried to rip the camera away.  Although they contended that violated their civil rights, a judge disagreed.

The case now goes to either trial or settlement. The city of Coeur d’Alene has steadfastly defended the officer’s actions. 

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