By Bill Poovey, The Associated Press
CLEVELAND, Tenn. (AP) -- A reopened police investigation prompted short suspensions for two officers accused in a federal lawsuit of beating a man they dragged by his hair from a car during a traffic stop.
City Manager Joe Cate suspended the two officers without pay Tuesday after the police chief said they were previously “evasive and less than candid” about the Jan. 10, 2003 arrest of Mark A. Garrett.
A third officer involved in the arrest, Doug Boucher, resigned Feb. 12.
Officer Matt Ruth was suspended 10 days and officer Eric Allman was suspended five days.
An internal investigation last year before the resignation of Lee Reese as Cleveland’s police chief concluded the officers acted within department guidelines.
In a Feb. 18 letter to Cate, police chief Wes Snyder said he reopened the internal affairs investigation of Garrett’s excessive force complaint based on a sworn statement by Allman after the officers and the city were sued in January.
“The results of the reopened investigation indicate that the officers did not act within the limitations of the CPD Use of Force policy,” Snyder wrote. “The injuries that Mr. Garrett received were inflicted intentionally and without sufficient reasoning by officer Doug Boucher. Information about the incident was sequestered and withheld by officers Allman and Ruth.”
Snyder also said Ruth would undergo retraining.
The officers contended that after Garrett was pulled over, he gripped the steering wheel, refused to obey their instructions and they had to remove him from his car. They charged Garrett with DUI, reckless driving, resisting arrest, assault on a police officer and violation of financial responsibility. A grand jury has since indicted Garrett.
The lawsuit contends Garrett’s constitutional rights were violated. He accuses the officers of false arrest, malicious prosecution and false imprisonment.
The suit says Ruth “pulled open the door and grabbed Garrett’s arm to pull him out of the car. When he pulled back to prevent Ruth from pulling him head first out of the car onto the pavement, he was maced and then pulled out of the car to the ground, partly by the hair of his head. The three officers then proceeded to beat him ... causing significant injuries to his face, side and head.
The suit also accuses the city of failing to “properly train and supervise its officers.”
U.S. District Judge R. Allan Edgar has given defense attorneys until March 10 to file a reply.
City spokesman David Jones said the police suspensions ended the investigation. Bradley County District Attorney Jerry Estes did not return a telephone message seeking comment.
“It’s just gratuitous brutality,” said Garrett’s attorney, Charles Dupree of Chattanooga.
Dupree said Garrett had consumed alcoholic beverages but was not drunk. He said the officers concocted the charges to cover up the alleged excessive force.
An attorney for the city and two suspended officers, Robert H. Watson Jr., of Knoxville, said he planned to “vigorously defend the position of the city.” He declined further comment.
Boucher’s attorney, Ron Wells of Chattanooga, could not be reached by telephone for comment.