Tuesday, July 08, 2008

Lawsuit Filed In Mount Juliet Officer Incident

Alleged Victim Seeks $1 Million In Damages


MOUNT JULIET, Tenn.

Video of a Mount Juliet police officer accused of choking a driver in April could cost the city quite a bit of cash after a lawsuit was filed on Monday.

A lawsuit filed in district court accuses the Mount Juliet Police Department of being negligent in hiring the officer and should be liable for his actions. The traffic stop in early April violated James Anders constitutional rights, according to his attorney.

Police video shows that for nearly two minutes, police officer William Cosby had his hands around Anders' neck until he passed out.

Cosby said he was doing the choke move to keep Anders from swallowing marijuana, but his attorney said an independent drug test found no drugs in Anders system and all charges against him have been dropped

"We have alleged Officer Cosby violated 42 USC 1983, what is commonly known as police brutality statute," said attorney Gary Vandever.

In a lawsuit filed in federal court on behalf of Anders, his attorney said the incident caused Anders physical pain and suffering extreme emotional distress and loss of enjoyment of life.

"He has lost respect for the police. He's having nightmares about this," said Vandever.

The lawsuit said both Cosby and Officer James Crosslin should be held responsible personally along with the city of Mount Juliet Police Department.

They are asking for $1 million in punitive damages as punishment and $500,000 to compensate Anders.

The lawsuit alleges the police department is liable for failing to control and discipline the officers and was negligent in ever hiring Cosby because he had been accused of abuse when he worked as a police officer for the city of Lebanon.

"They had knowledge of his prior problems, and it's like the old adage every dog gets it's first bite free. Well, apparently he had several bites," said Vandever.

Cosby remains a police officer in Mount Juliet and received only a written reprimand. Because of this, the lawsuit said Mount Juliet police created an atmosphere of lawlessness and had a policy of inaction.

No comments: