Post by WaTcHeR on Sept 28, 2006 13:14:17 GMT -5
09.28.2006 - VERNON — The city of Mount Vernon is facing another federal lawsuit.
The police misconduct suit, filed by Richard L. Franklin, Newark, on Sept. 11 in U.S. District Court, also names Cpl. Mark Perkins as a defendant.
Franklin, 61, alleges that he was pulled over by Perkins on Sept. 29, 2005, at 4:45 a.m. while he was on his way to work. According to the suit, Perkins claimed that Franklin smelled of alcohol and that he had failed certain field sobriety tests. Franklin maintains he had no alcohol or drugs in his system and that he was entirely sober.
Franklin, who has a previous OVI conviction in Licking County, was arrested by Perkins and charged with operating a vehicle under the influence, driving under suspension, following too closely and driving left of center. His vehicle was impounded and he was taken to jail, where he was held until he was able to post bond.
According to the lawsuit, Franklin took “scientific tests” after he was released from jail. He alleges that these tests showed no alcohol or drugs in his system.
The charges were later dropped in Mount Vernon Municipal Court. Franklin claims that Perkins’ actions violated his Fourth and 14th Amendment rights; specifically, the right to be free from arrest and prosecution without probable cause.
Franklin also names the city of Mount Vernon in his suit, citing “a policy of inadequate training, supervising and disciplining police officers.” He is asking for unspecified compensatory and punitive damages.
Franklin’s lawsuit is the fifth pending federal case involving members of the Mount Vernon Police Department; it is the third involving Perkins.
Mount Vernon resident Morgan Giles has filed suit against Perkins, alleging violations of his civil rights as well as claims of false imprisonment, false arrest and malicious prosecution.
Perkins is also named as a co-defendant in one of two lawsuits filed by Mount Vernon resident Thomas Burr. Officer Travis Tharp is also named in that suit.
A second federal suit filed by Burr names officers Andrew Burns and Bethany Marti as defendants. Both complaints allege violations of the plaintiff’s constitutional rights.
Officers Roger Monroe and Robert Morgan have also been sued by Marion prison inmate Mark Applegarth, who alleges that the officers violated his Fourth Amendment rights against unlawful arrest and seizure. Applegarth also accuses the officers of assault and battery.
All of the cases are pending, according to U.S. District Court records.
www.mountvernonnews.com/local/06/09/27/mvpd.suit.html
The police misconduct suit, filed by Richard L. Franklin, Newark, on Sept. 11 in U.S. District Court, also names Cpl. Mark Perkins as a defendant.
Franklin, 61, alleges that he was pulled over by Perkins on Sept. 29, 2005, at 4:45 a.m. while he was on his way to work. According to the suit, Perkins claimed that Franklin smelled of alcohol and that he had failed certain field sobriety tests. Franklin maintains he had no alcohol or drugs in his system and that he was entirely sober.
Franklin, who has a previous OVI conviction in Licking County, was arrested by Perkins and charged with operating a vehicle under the influence, driving under suspension, following too closely and driving left of center. His vehicle was impounded and he was taken to jail, where he was held until he was able to post bond.
According to the lawsuit, Franklin took “scientific tests” after he was released from jail. He alleges that these tests showed no alcohol or drugs in his system.
The charges were later dropped in Mount Vernon Municipal Court. Franklin claims that Perkins’ actions violated his Fourth and 14th Amendment rights; specifically, the right to be free from arrest and prosecution without probable cause.
Franklin also names the city of Mount Vernon in his suit, citing “a policy of inadequate training, supervising and disciplining police officers.” He is asking for unspecified compensatory and punitive damages.
Franklin’s lawsuit is the fifth pending federal case involving members of the Mount Vernon Police Department; it is the third involving Perkins.
Mount Vernon resident Morgan Giles has filed suit against Perkins, alleging violations of his civil rights as well as claims of false imprisonment, false arrest and malicious prosecution.
Perkins is also named as a co-defendant in one of two lawsuits filed by Mount Vernon resident Thomas Burr. Officer Travis Tharp is also named in that suit.
A second federal suit filed by Burr names officers Andrew Burns and Bethany Marti as defendants. Both complaints allege violations of the plaintiff’s constitutional rights.
Officers Roger Monroe and Robert Morgan have also been sued by Marion prison inmate Mark Applegarth, who alleges that the officers violated his Fourth Amendment rights against unlawful arrest and seizure. Applegarth also accuses the officers of assault and battery.
All of the cases are pending, according to U.S. District Court records.
www.mountvernonnews.com/local/06/09/27/mvpd.suit.html