A Covington police officer, who officers say makes a speciality of drunk driving arrests, is going through his fifth federal lawsuit, this time over allegations that he used extreme power whereas arresting a Cincinnati man throughout a visitors cease.
Damien Conner, 38, is suing town of Covington and Officer Doug Ullrich on claims together with extreme use of power, battery, assault, negligence and intentional infliction of emotional misery.
Conner is searching for a jury trial in federal courtroom in Covington, in addition to damages and lawyer’s charges.
Officer arrested Cincinnati man for defying police instructions, automobile that ‘stinks like weed’
Based on the lawsuit, Conner was headed to work on Interstate 75 on the night of Sept. 23 when Ullrich pulled him over for utilizing a cellphone whereas driving.
After working the person’s data, which the lawsuit says Conner gave willingly, Ullrich returned to the stopped automobile and requested Conner whether or not he carried a gun.
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When Conner declined to reply the officer’s questions, Ullrich ordered him to take away his seatbelt and exit the car, physique digicam footage of the incident reveals.
“I don’t need to have to tear you out of the automobile and take you to jail,” Ullrich stated.
Conner tried to maintain his door shut after officers tried to open it, and Ullrich positioned Conner in handcuffs whereas the person was nonetheless seated. Ullrich and one other officer then tried to tug Conner by way of the motive force’s facet window whereas Conner was seatbelted in.
Conner pleaded with the officers to open the automobile door, saying that he was being damage by the officers’ makes an attempt to tug him by way of the window.
“Why are you doing this to me?” Conner requested. The officers then opened Conner’s door and lower his seatbelt to take away him from the car.
Whereas escorting Conner to a police cruiser, Ullrich stated that Conner was being arrested for refusing to exit his automobile and since the person’s car “stinks like weed.” Conner denied smoking marijuana, saying his job on the railroad wouldn’t permit it.
The lawsuit states, “there was no discovering of indisputable fact that (Conner) possessed marijuana.” The officers did discover a handgun inside a small inexperienced bag within the automobile, however Conner was not slapped with any firearm-related expenses.
Within the physique digicam video, Ullrich informed one other officer he turned involved as soon as Conner refused to reply questions on carrying a gun.
Conner was charged in Kenton County District Courtroom with resisting arrest, obstructing an emergency responder and utilizing a cellphone whereas driving. He was additionally charged with preserving an antibiotic tablet exterior its correct container.
Courtroom information present the costs have been dismissed after Conner accomplished a judicial diversion program.
“What started as a routine visitors cease for allegedly utilizing a cellular system whereas driving shortly escalated into an ordeal of pointless violence and misconduct,” Jamir Davis, Conner’s lawyer, stated in a press release. “Damien Conner, a Black man and a law-abiding citizen, was pulled over on his option to work. He complied with each request – offering his license, registration, and insurance coverage – but was met with hostility and unwarranted aggression.”
Covington: Officer’s actions throughout visitors cease have been ‘lawful’
In a press release, town of Covington stated Conner was lawfully ordered a number of instances to exit his car after refusing to reply questions on whether or not he was carrying a firearm.
“The Metropolis is dedicated to defending its officers who have interaction in lawful actions,” the assertion reads. “On this case, the authorized precedent established by america Supreme Courtroom practically 50 years in the past is evident: Regulation enforcement officers have the appropriate to order people to exit their automobiles within the curiosity of officer security.”
Courtroom information present Conner’s case has been assigned to U.S. District Choose Danny Reeves, nonetheless, it stays unclear when the primary listening to will happen.
‘DUI cop’ has prior lawsuits
Throughout the closing arguments of an unrelated trial in early April, Kenton County Commonwealth’s Lawyer Rob Sanders described Ullrich because the division’s “DUI cop,” or the go-to officer for intoxicated driving incidents.
Ullrich has been sued in federal courtroom 5 instances since June 2021, although the officer has not been discovered responsible for any alleged conduct to this point, courtroom information present. The lawsuits every stemmed from Ullrich’s involvement in visitors stops.
Davis, the lawyer representing Conner, additionally represented one other of the individuals who sued Ullrich. That lawsuit was dismissed by U.S. District Choose David Bunning, who awarded lawyer’s charges to town as a result of a number of of the lawsuit’s claims have been frivolous.
Bunning even ordered that Davis be partially on the hook for lawyer’s charges after discovering Davis’ failure to concede a declare, regardless of conclusive proof refuting particular allegations, was “vexatious conduct and needlessly elevated the prices of litigation.”
The decide additionally sanctioned Davis for pursuing a “baseless and frivolous” declare that officers violated his consumer’s constitutional rights in asking for his identification throughout a visitors cease and for refusing to supply proof for a racial discrimination allegation towards Covington police.
“I’ve by no means been sanctioned earlier than,” Davis stated, including that he plans to attraction the courtroom’s ruling towards him. He additionally stated officers aligned with the division are utilizing the sanctions to attempt to discredit him and his purchasers.
He stated the decide presiding over the case didn’t perceive the arguments he introduced within the earlier civil case and described the state of affairs as “very, very unlucky.” Courtroom information present Davis’ consumer is searching for an attraction of Bunning’s judgment dismissing the claims.
This text initially appeared on Cincinnati Enquirer: Covington defends ‘DUI cop’ facing 5th lawsuit over traffic stop
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