Free Response to Motion - District Court of Delaware - Delaware

Case 1 :06-cv-00018-JJF Document 61 Filed 08/22/2007 Page 1 of 3
CLERK OF THE COURTS O6-018-JJF P
UNITED STATES DISTRICT 08-20-O7 & E
844 KING STREET ’ .. .. . _a_.. 1.._.. . ____ __..
WILMINGTONDELAWARE
. PLA1NT1PP SUPPORT gm ? E EE
OPPQSITION TO DEFENSE MOTION Z Z Q T5
T. ¢.`···J ______ Un!
ON JANUARY 3,2004 I WA * T N .g;'Q
ARRESTED FOR SUSPICION OF DWI. I PULLED OVER WAS COOPERATIVE $5 T hj
AND RESPECTFUL TO OFFICER LEGATES. I WAS GIVEN FIELD SOBRIETY T; gg
TEST WHICH I WAS TOLD I FAILED.I WAS THEN PLACED UNDER ARREST. E i ‘ -1- » -···· · ~ ··~i I- ··*-·`~ ·~···- I
AT THE POLICE STATION IWAS ASKED TO TAKE A BREATH TEST.I
REFUSED. I WAS THEN TOLD I WAS GOING TO BE TAKEN TO THE HOSPIT ‘ ` `C`‘` ` ''```‘`“"0 ` ``‘`”```"``` A
FOR A BLOOD TEST. I ONCE AGAIN REFUSED AND REQUESTED TO SPEAK
TO AN ATTORNEY. I WAS PLACED INTO THE POLICE CRUISER AND TAKEN
TO BEEBE HOSPITAL. ON THE WAY TO THE HOSPITAL I STATED THAT YOU
BETTER GET THE BIG BOYS BECAUSE THERE WAS NO WAY YOU WERE
GOING TO GET BLOOD FROM ME. OFFICER LEGATES THEN CALLED FOR
‘ BACK—UP. ONCE AT THE HOSPITAL OFFICER WHEATLEY ASKED ME TO GET
OUT OF THE CRUISER I DID NOT MOVE AND STATED WHAT ARE YOU
GOING TO DO PULL ME OUT OF THE VEHICLE. AT THAT TIME OFFICER
. WHEATLEY REACHED IN AND PULLED ME FROM THE CRUISER AND
THREW ME TO THE PAVEMENT. I WAS IN HANDCUF FS AND COULD NOT
SUPPORT MYSELF AND WENT FACEFIRST TO THE PAVEMENT THUS
RECEIVING AN INJURY TO MY NOSE AND BLEEDING. I WAS THEN
GRABBED BY OFFICERS WHEATLEY AND LEGATES AND TAKEN TO THE
BACK OF THE CRUISER AND PLACED OVER THE TRUNK. AT THIS POINT I
WAS FEARIN-G FOR MY SAFTY AND STARTED TO RESIST THE OFFICERS.
I WAS THEN CARRI.ED INTO THE HOSPITAL AND HELD BY FORCE AND
BLOOD WAS DRAWN EVEN AS I CONTINUED TO RESIST. THROUGH MY
RESISTING I ACCIDENTLY WIPED BLOOD FROM MY. NOSE ONTO CARY
RUTHERF ORD. I THEN REFUSED TO EXIT THE HOSPITAL AND WAS ‘
CARRIED OUT.
OFFICER LEGATES BEING THE I
. ARRESTING OFFICER WAS IN THE POSITION TO SET POLICY FOR THE TOWN
OF MILLSBORO AND THE MILLSBORO POLICE. THAT IN THE CITY OF LOS
ANGELES VS HELLER,54L.W.3693(I986) THAT THE SINGLE ACT OF ONE ‘ E
OFFICER THE CITY WAS HELD LIA(IE}5EL8[HAT THE OFFICERS WERE
PREPARED TO USE ANY AMOUNT FBT T OBTAIN EVIDENCETHAT THE
PLANTIFF WAS NOT RUNNING OR F LEEING THE POLICE. THAT THE NATURE
OF THE CHARGES WAS NOT SEVERE ENOUGH TO WARRANT FORCE .
TAKING OF BLOOD. THAT LEXINGTON VS YANK HELD THE
MUNICIPALLITY FOR THE ASSAULT AND BATTERY THAT OCCURRED IN
THE COARSE OF TTE OFFICERS DUTIES. THAT IN LOS ANGELES VS HELLER ‘
THE CITY WAS HELD LIABLE FOR A SINGLE INCIDENT BY OFFICERS.

Case 1 :06-cv-00018-JJF Document 61 Filed 08/22/2007 Page 2 of 3
» I OFFICER LEGATES AND
OFFICER WHEATLEY ACTING IN LINE OF DUTY AND IN POSITION TO SET
POLICY FOR THE TOWN OF MILLSBORO AND THE MILLSBORO POLICE DID
USE EXCESSIVE AND UNREASONABLE F ORCE,DID ASSAULT AND BATTER
HOWARD L. LASKEY ON JANUARY 3,2004IN ORDER TO GAIN EVIDENCE IN
A CASE AGAINST THE PLAINTIFF.
· THAT THERE IS
CONTRADICTING EVIDENCE,BY WITNESS OFFICERS TO FORCE USED. THAT _
THE DEFENSE IS IN POSESSION OF WITNESS STATEMENTS BY TROOPER
NICOLE OLDHAM WHICH HAS NOT BEEN_PRESENTED TO THE "
PLAIN TIFF .THAT TROOPER OLDHAM HAS REF USED TO ANSWER THE
PLAIN TIFF S REQUEST. THAT OFFICERS LEGATES AND WHEATLEY ARE .
PURPOSLY LYING TO THE COURTS TO RESOLVE THIS MATTER.
· THERF ORE THE DEFENSE
REQUEST SHOULD BE DENIED AND THAT THIS CASE SHOULD BE SENT TO I
TRIAL.
CC:BRUCE HERRON S-20-07 RESPECTFULLY
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527 ALTIC AVE A
BROOKLYN,MD.21225

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