Lawsuit filed in federal court against City of Conway Springs over traffic stop dispute

first_imgSumner Newscow report — In a story written by Paul Rhodes, publisher of the Conway Springs Star, the city of Conway Springs and several other defendants are facing a lawsuit the stems from a local traffic stop in February, 2014.According to court records and attorney Ed Keeley, who is representing the city of Conway Springs, and two former officials with the city’s police department, the lawsuit involves a traffic stop by Jeff Cole, who at the time was a police officer for the city of Conway Springs. Cole is a defendant in the lawsuit, along with former Conway Springs Police Chief Matt Dennis.The lawsuit was filed on Feb. 15 in United States District Court by Brooklyn Lonker, who was a passenger in the vehicle involved in the traffic stop. According to Keeley, there was an investigation at the scene and “the facts are disputed about what happened at the scene.”Additional defendants in the lawsuit, according to Keeley, are former Sumner County deputy Jared Lyden, Sumner County Sheriff Darren Chambers and the Sumner County Board of County Commissioners. Kelley said he is not representing any of those additional defendants.Kelley said he could not provide any additional details concerning the case, which has been assigned to a federal judge in the Kansas City area. He said that assignment was made because of the location of the attorney representing the plaintiff.According to a copy of the lawsuit, which has been obtained by the Conway Springs Star and Argonia Argosy, the incident in question occurred on Feb. 16, 2014, shortly after midnight when Cole stopped a vehicle containing three high school students.The lawsuit alleges that Lonker was deprived of her constitutional rights because of police actions by Cole and Lyden. The lawsuit also alleges that there was an “internal investigation by the Sumner County Sheriff’s Department geared towards covering up the officers wrongdoing.”The traffic stop subsequently included field sobriety and preliminary breath tests on the driver, which were passed, according to the suit. Longer and the other passenger refused to submit to a PBT or to answer questions and the suit alleges that Lonker was handcuffed by Lyden, placed in his patrol car and threatened.According to the lawsuit, Lonker later was cited for minor in possession and transportation of an open container. The suit alleges that Lyden “permitted the video and audio of the stop and his interaction with plaintiff to be destroyed to conceal his wrongdoing and to conceal his violations of the plaintiff’s Constitutional rights.”The lawsuit also alleges that the city of Conway Springs continued with prosecution efforts despite its knowledge that the evidence has been destroyed and that Cole and Lyden had violated the civil rights of the detained parties. According to the suit, the three high school students were detained for two and a half hours for the traffic stop.“We’re at the very early stages of this lawsuit,” Keeley said. “We’re denying the claims and believe the officer (Cole) acted appropriately.”Follow us on Twitter. Close Forgot password? Please put in your email: Send me my password! Close message Login This blog post All blog posts Subscribe to this blog post’s comments through… RSS Feed Subscribe via email Subscribe Subscribe to this blog’s comments through… RSS Feed Subscribe via email Subscribe Follow the discussion Comments (10) Logging you in… Close Login to IntenseDebate Or create an account Username or Email: Password: Forgot login? Cancel Login Close WordPress.com Username or Email: Password: Lost your password? Cancel Login Dashboard | Edit profile | Logout Logged in as Admin Options Disable comments for this page Save Settings Sort by: Date Rating Last Activity Loading comments… You are about to flag this comment as being inappropriate. Please explain why you are flagging this comment in the text box below and submit your report. The blog admin will be notified. Thank you for your input. -2 Vote up Vote down turkeyleg · 230 weeks ago First, the cops have to have a reason to stop you. Mostly any time around midnight cops will be stopping you for something that is hard for the defendant to prove that they didn’t do it. Driving slowly, left of center, failure to maintain a lane, no turn signal 100 feet for turn. Then other ones, tag light out, brake light out, headlight out. When the cops are really trying to nail someone, cracked windshield. windows tinted to dark. Just look at the police notes and see what cops ticket. Then look at the times. Usually 9PM to 4AM. They’z just looking for drunks. The cops messed up here, they usually just stop whens there’s only one in the car. This had three. To many witnesses. Thats just how they work. With nothing to prove that you didn’t do anything wrong is an uphill battle. Most cop cars have cameras in them now. But you hear all the time of them not working at the time of the stops. Best way for drivers to have a chance is to have a dash camera install in your car. They make them for about a hundred or two, front and rear view with microphone recorders in them also. Remember, cops do not always tell the truth, you can see that on the news just about daily on the tube where a cop got caught lying. So next time the cops pull you over at 2AM and say’s you didn’t make a complete stop at a stop sign you can show him or her that you did. Then go get you a lawyer and let him handle it. A hundred or two could save you a lot of misery and money. Report Reply 0 replies · active 230 weeks ago +8 Vote up Vote down Wes Smith · 230 weeks ago Turkeyleg, the dashcams are even cheaper than that. I have one in my car and use it all the time. Once the car starts I turn it on and then turn it off when I turn the car off. Mine cost about $20, granted it’s only forward facing but takes great video. Since I’ve started using it about 2 years ago I’ve not really needed it for anything but I have it for just in case, Report Reply 0 replies · active 230 weeks ago -4 Vote up Vote down Drumstick! · 230 weeks ago Yeah…I can believe this story. The cops video/audio ran out of space right at the point he started threatening me with my kids! Total BS if you ask me, and yes THEY DO LIE! It’s perfectly legal for them to do so too. I don’t trust the police anymore, and specially don’t trust Sumner County Law enforcement. There are a few good ones, but most around here are just looking to lock you up! Well guess what boys in blue….I have a recorder as well, and every time we talk. YOU WILL BE RECORDED BY ME! Report Reply 0 replies · active 230 weeks ago +2 Vote up Vote down YourRights · 230 weeks ago Actually turkeyleg, that is false. You will often hear the phrase “the police didn’t have probable cause to stop me.” It doesn’t matter. Police do not need probable cause to stop someone. It is noted in the Kansas Articles and Statutes that police can detain persons without their consent as long as the police have a reasonable, articulable *SU****ION the person has, is, or soon will be engaged in criminal activity. It is also legal for the police to lie, manipulate, threaten and trick you into confessing or surrendering your rights. I disagree with the way our system is set up sometimes. And by no means do I agree that police should be able to do either of these things…. I was just simply hoping to inform because it’s surprising at how uneducated and misinformed people are with laws and statutes, their rights, and police rights. Terry v. Ohio, 392 U.S. 1, 20 L.Ed.2d 889, 88 S.Ct. 1868 (1968); State v. Baker, 239 Kan. 403, 720 P.2d 1112 (1986) Terry, 392 U.S. 1; State v. Epperson, 237 Kan. 707, 711-712, 703 P.2d 761 (1985). See K.S.A. 22-2402 Footnote and amendments thereto. Report Reply 1 reply · active 229 weeks ago -2 Vote up Vote down turkeyleg · 229 weeks ago Hate to say this, but what you are talking about is about a total different thing. If a person is running down the street and there is a bank with their alarm going off behind the person running, say around midnight, the cops can stop the person and investigate. But when a person is operating a car and is obeying all the traffic laws, the cops have no right to stop you. Any first year law student can tell you this. If what you say is the case, just why do we need DUI checkpoints or seat belt checkpoints. On those, the courts say the cops can”t just stop any one person just to see if they are breaking a law, say wearing a seatbelt but if they stop everyone to check on seatbelts being worn, that is legal. Personally I think if the cops are stopping just for seatbelts, that is all they can be ticketed for. Even if theres a pound of dope in the other seat. The cops just could just stop anybody any time. Now the Supreme Court did make a ruling 2015, that police officers only need to “reasonably believe” something is against the law to pull someone over. Driving down the street straight, on the right side, at or under the speed limit, all car systems working and obeying all traffic laws is not under the “reasonable belief” to get stop. On the other, lying. Yes a cop can BS and or lie for a confession, but if ol’e Barney gets on the stand at a court trial and lies about facts about the case, that cop just perjured himself. Any Kindergarten Cop would know that. And the cop should be punished, fired and jailed. What City, County, State and Federal attorneys have forgot, is, that they are to help protect the public from bad people, and they need to also protect the public from lying cops. Maybe if the bad cops would quit lying it would make the good cops job a little easier. Report Reply +6 Vote up Vote down Sam’s Mom · 229 weeks ago There are always two sides to every story, and you can file a lawsuit against anybody. But this business of “covering up” is just plain stupid. That’s not how the Sheriff’s Office does business. Report Reply 0 replies · active 229 weeks ago +4 Vote up Vote down Larry · 229 weeks ago From what I am hearing, it sounds like you all have found the officers guilty. That’s odd since it’s not even before a judge or jury and unless you were there then you don’t know for sure what really happened. Report Reply 0 replies · active 229 weeks ago +5 Vote up Vote down JustMe · 229 weeks ago 3 high school kids being pulled over with alcohol. Yeah, I’m sure they’re stand up kids and wouldn’t lie about anything. Report Reply 0 replies · active 229 weeks ago 0 Vote up Vote down Mary Edwards · 217 weeks ago Thank you so much for posting this. I think this really puts things into a different light. I mean, I have read about this stuff before but the way you write just makes it clearer. If that makes sense lol Report Reply 0 replies · active 217 weeks ago 0 Vote up Vote down Ellen Smith · 194 weeks ago The police are there to help people not to create problems for them. If there is a need for a road to be blocked for some case enquiry you should divert the traffic in order to prevent hardship to people. missing period Report Reply 0 replies · active 194 weeks ago Post a new comment Enter text right here! Comment as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Submit Comment Subscribe to None Replies All new comments Comments by IntenseDebate Enter text right here! 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