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News (Media Awareness Project) - US TN: Suit Claims DTF Officer Abusive
Title:US TN: Suit Claims DTF Officer Abusive
Published On:2003-01-22
Source:Johnson City Press (TN)
Fetched On:2008-01-21 13:59:36
SUIT CLAIMS DTF OFFICER ABUSIVE

GREENEVILLE - A Mitchell County, N.C., man says that he was dragged from
his car, slammed to the ground, and stomped or kneed in the back of his
head by a law enforcement officer while face-first on the ground. In a
civil suit filed in U.S. District Court, Jonathan Brooks Vail said he was
arrested on Jan. 28 by 1st Judicial District Drug Task Force Officer Matt
Thompson, who searched his car, his body and his passenger, apparently for
illegal narcotics.

Vail said no drugs were found and no evidence was collected that showed he
committed a crime, at the time of the arrest or afterward. Thompson then
arrested Vail, charging him with resisting arrest and simple assault, which
Vail said were "bogus criminal charges." In a complaint sworn before Unicoi
County Circuit Court Clerk Gregg Masters, Thompson swore that Vail lunged
at him, "hitting him with his body."

Vail alleges that Thompson's "purposeful lies and deception were motivated
by a desire to create a false appearance" to justify his beating of Vail,"
the suit said. The suit also said that Thompson did this in order to have
leverage over Vail and Vail's father.

After the arrest, and when Vail's father arrived at the jail, the suit said
Thompson offered to "cut a deal," of dropping the assault charge if Vail
would plead guilty to resisting arrest.

According to the suit, the deal-making was an "abuse of authority and an
effort on (Thompson's) part to intimidate and cajole (Vail). The suit
accuses Thompson of using excessive force, false arrest and imprisonment
and false prosecution by swearing out a perjured warrant. Vail' s attorney,
Donald E. Spurrell, said in a brief that Vail's constitutional rights were
violated. He is seeking $30,000 compensatory and $50,000 punitive damages.

Spurrell said the relatively small award sought is based on the fact that
it is in line with the injuries caused, and because he is suing Thompson
individually. "I don't think Johnson City or Carter County or any other
agency has a policy of lying and beating prisoners," Spurrell said. "He did
this on his own."

Spurrell said he has the option of raising the amount sought once the case
goes to discovery. "If he continues to lie (under oath) on discovery, then
we'll raise the amount," Spurrell said.
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