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 pressure whereas arresting a Cincinnati man throughout a site visitors cease.
Damien Conner, 38, is suing the town of Covington and Officer Doug Ullrich on claims together with extreme use of pressure, battery, assault, negligence and intentional infliction of emotional misery.
Conner is looking for a jury trial in federal court docket in Covington, in addition to damages and legal professional’s charges.
Officer arrested Cincinnati man for defying police instructions, automobile that ‘stinks like weed’
In keeping with 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 digital camera footage of the incident exhibits.
“I don’t need to have to tear you out of the automobile and take you to jail,” Ullrich mentioned.
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 the driving force’s aspect window whereas Conner was seatbelted in.
Conner pleaded with the officers to open the automobile door, saying that he was being harm by the officers’ makes an attempt to tug him by the window.
“Why are you doing this to me?” Conner requested. The officers then opened Conner’s door and reduce his seatbelt to take away him from the car.
Whereas escorting Conner to a police cruiser, Ullrich mentioned 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 enable it.
The lawsuit states, “there was no discovering of incontrovertible 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 digital camera video, Ullrich instructed one other officer he grew to become 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 conserving an antibiotic capsule exterior its correct container.
Courtroom information present the fees have been dismissed after Conner accomplished a judicial diversion program.
“What started as a routine site visitors cease for allegedly utilizing a cellular machine whereas driving shortly escalated into an ordeal of pointless violence and misconduct,” Jamir Davis, Conner’s legal professional, mentioned in an announcement. “Damien Conner, a Black man and a law-abiding citizen, was pulled over on his technique 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 site visitors cease have been ‘lawful’
In an announcement, the town of Covington mentioned 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 correct to order people to exit their autos within the curiosity of officer security.”
Courtroom information present Conner’s case has been assigned to U.S. District Decide 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 court docket 5 instances since June 2021, although the officer has not been discovered answerable for any alleged conduct thus far, court docket information present. The lawsuits every stemmed from Ullrich’s involvement in site visitors stops.
Davis, the legal professional representing Conner, additionally represented one other of the individuals who sued Ullrich. That lawsuit was dismissed by U.S. District Decide David Bunning, who awarded legal professional’s charges to the 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 legal professional’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 choose 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 site 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 mentioned, including that he plans to enchantment the court docket’s ruling towards him. He additionally mentioned officers aligned with the division are utilizing the sanctions to attempt to discredit him and his shoppers.
He mentioned the choose presiding over the sooner civil case didn’t perceive the arguments he offered and described the scenario as “very, very unlucky.” Courtroom information present Davis’ consumer is looking for an enchantment 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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