Wednesday, September 01, 1999
Assault charge violated rights, suit says
Claim: Town employee impersonated officer
BY BEN L. KAUFMAN
The Cincinnati Enquirer
Dennis L. Patton of Manchester sued his hometown on Monday, saying police violated his rights by charging him with assaulting an officer.
Even if he punched Rodney Yates, Mr. Yates was not a police officer.
Mr. Patton's $500,000 civil rights lawsuit was filed by attorney Robert N. Trainor in U.S. District Court in Cincinnati.
According to the lawsuit, Officer John Spratt pursued Mr. Patton May 5, 1998, in connection with a reported traffic violation.
When Mr. Patton stopped at the community building, the affidavit said, the police chief urged Mr. Patton to come in and discuss the matter. Instead, the affidavit said, Mr. Patton pushed the chief, Mr. Yates and Officer Patton, and it took six people to subdue Mr. Patton.
Officer Spratt charged Mr. Patton with felonious assault on a peace officer. The complaint named only Mr. Yates.
The assault charge was dismissed at the prosecution's request 15 days later. Mr. Trainor said his client was uncertain whether he struck Mr. Yates in the melee.
Mr. Yates, a brother of the mayor, was street commissioner and zoning enforcement officer at the time.
Tuesday, Rodney Yates confirmed he was not a sworn police officer; “just a public official” who was in the community building at the time.
He said he did not know why Mr. Patton was not charged with assaulting the chief or Officer Spratt, who were peace officers.
The suit filed Monday claimed Mr. Patton was a victim of false imprisonment and faulted the village for employing Mr. Yates even though officials knew Mr. Yates “was impersonating or had impersonated a peace officer.”
He and Officer Spratt, of Winchester, Ohio, also are defendants in the suit. Neither Officer Spratt nor village officials could be reached for comment.
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