A Covington constabulary officer, who officials accidental specializes successful drunk driving arrests, is facing his 5th national lawsuit, this clip implicit allegations that helium utilized excessive unit portion arresting a Cincinnati antheral during a postulation stop.
Damien Conner, 38, is suing the metropolis of Covington and Officer Doug Ullrich connected claims including excessive usage of force, battery, assault, negligence and intentional infliction of affectional distress.
Conner is seeking a assemblage proceedings successful national tribunal successful Covington, arsenic good arsenic damages and attorney’s fees.
Officer arrested Cincinnati antheral for defying constabulary commands, car that 'stinks similar weed'
According to the lawsuit, Conner was headed to enactment connected Interstate 75 connected the evening of Sept. 23 erstwhile Ullrich pulled him implicit for utilizing a telephone portion driving.
After moving the man’s information, which the suit says Conner gave willingly, Ullrich returned to the stopped car and asked Conner whether helium carried a gun.
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When Conner declined to reply the officer’s questions, Ullrich ordered him to region his seatbelt and exit the vehicle, assemblage camera footage of the incidental shows.
“I don’t privation to person to rip you retired of the car and instrumentality you to jail,” Ullrich said.
Conner tried to support his doorway unopen aft officers attempted to unfastened it, and Ullrich placed Conner successful handcuffs portion the antheral was inactive seated. Ullrich and different serviceman past tried to propulsion Conner done the driver’s broadside model portion Conner was seatbelted in.
Conner pleaded with the officers to unfastened the car door, saying that helium was being wounded by the officers' attempts to propulsion him done the window.
“Why are you doing this to me?” Conner asked. The officers past opened Conner’s doorway and chopped his seatbelt to region him from the vehicle.
While escorting Conner to a constabulary cruiser, Ullrich said that Conner was being arrested for refusing to exit his car and due to the fact that the man’s conveyance “stinks similar weed.” Conner denied smoking marijuana, saying his occupation astatine the railroad wouldn’t let it.
The suit states, “there was nary uncovering of information that (Conner) possessed marijuana.” The officers did find a handgun wrong a tiny greenish container successful the car, but Conner was not slapped with immoderate firearm-related charges.
In the assemblage camera video, Ullrich told different serviceman helium became acrophobic erstwhile Conner refused to reply questions astir carrying a gun.
Conner was charged successful Kenton County District Court with resisting arrest, obstructing an exigency responder and utilizing a telephone portion driving. He was besides charged with keeping an antibiotic pill extracurricular its due container.
Court records amusement the charges were dismissed aft Conner completed a judicial diversion program.
“What began arsenic a regular postulation halt for allegedly utilizing a mobile instrumentality portion driving rapidly escalated into an ordeal of unnecessary unit and misconduct,” Jamir Davis, Conner’s attorney, said successful a statement. “Damien Conner, a Black antheral and a law-abiding citizen, was pulled implicit connected his mode to work. He complied with each petition – providing his license, registration, and security – yet was met with hostility and unwarranted aggression.”
Covington: Officer's actions during postulation halt were 'lawful'
In a statement, the metropolis of Covington said Conner was lawfully ordered aggregate times to exit his conveyance aft refusing to reply questions astir whether helium was carrying a firearm.
“The City is committed to defending its officers who prosecute successful lawful actions,” the connection reads. “In this case, the ineligible precedent established by the United States Supreme Court astir 50 years agone is clear: Law enforcement officers person the close to bid individuals to exit their vehicles successful the involvement of serviceman safety.”
Court records amusement Conner’s lawsuit has been assigned to U.S. District Judge Danny Reeves, however, it remains unclear erstwhile the archetypal proceeding volition instrumentality place.
'DUI cop' has anterior lawsuits
During the closing arguments of an unrelated proceedings successful aboriginal April, Kenton County Commonwealth’s Attorney Rob Sanders described Ullrich arsenic the department’s “DUI cop,” oregon the go-to serviceman for intoxicated driving incidents.
Ullrich has been sued successful national tribunal 5 times since June 2021, though the serviceman has not been recovered liable for immoderate alleged behaviour to date, tribunal records show. The lawsuits each stemmed from Ullrich’s engagement successful postulation stops.
Davis, the lawyer representing Conner, besides represented different of the radical who sued Ullrich. That suit was dismissed by U.S. District Judge David Bunning, who awarded attorney’s fees to the metropolis due to the fact that respective of the lawsuit’s claims were frivolous.
Bunning adjacent ordered that Davis beryllium partially connected the hook for attorney’s fees aft uncovering Davis' nonaccomplishment to concede a claim, contempt conclusive impervious refuting circumstantial allegations, was “vexatious behaviour and needlessly accrued the costs of litigation.”
The justice besides sanctioned Davis for pursuing a “baseless and frivolous” assertion that officers violated his client’s law rights successful asking for his recognition during a postulation halt and for refusing to connection grounds for a radical favoritism allegation against Covington police.
"I've ne'er been sanctioned before," Davis said, adding that helium plans to entreaty the court's ruling against him. He besides said officials aligned with the section are utilizing the sanctions to effort to discredit him and his clients.
He said the justice presiding implicit the earlier civilian lawsuit did not recognize the arguments helium presented and described the concern arsenic "very, precise unfortunate." Court records amusement Davis' lawsuit is seeking an entreaty of Bunning's judgement dismissing the claims.
This nonfiction primitively appeared connected Cincinnati Enquirer: Covington defends 'DUI cop' facing 5th suit implicit postulation stop