Bar owner sues officer, police chief
By Dolly A. ButzJournal staff writer | Posted: Wednesday, August 06, 2008
SIOUX CITY -- A Fourth Street bar owner is suing a Sioux City police officer in federal court for allegedly assaulting him and violating his civil rights.
The lawsuit, filed Aug. 1 in U.S. District, stems from a Sept. 13, 2006, incident involving Timothy Shannon, a former Iowa State Patrol officer and current owner of Tom Foolery's Pub & Grill, and Sioux City police Officer Mike Koehler, a former Sioux City Journal reporter.
Sioux City Police Lt. Marti Reilly declined to comment on the lawsuit Tuesday, which also names the city of Sioux City, the Sioux City Police Department and Police Chief Joseph Frisbie as defendants.
Shannon claims in court documents that Koehler "intentionally and with actual malice caused physical injury to him," that the training and supervision Koehler received from the police department was inadequate and negligent and that Frisbie did not discipline Koehler for his actions.
Shannon is seeking compensatory and punitive damages.
At 1:42 a.m. on Sept. 13, 2006, court documents state that Koehler responded to Tom Foolery's, 1008 Fourth St., for a disturbance between two females.
According to the suit, surveillance video captured Shannon walking towards Koehler, pointing his finger at him and asking him to leave. When Shannon got within an arm's reach of Koehler, the documents state that Koehler put his flashlight in his belt holder, and then "grabbed Shannon by the front of his chest or neck and pushed him up and back and swept Shannon's legs with his own leg, so that Shannon would fall backwards."
As Shannon was falling to the ground, the documents state that Koehler continued to push him. When Shannon came to rest on the ground, Koehler "continued to lift Shannon off the ground and then bounced him back down to the ground several times."
Shannon was arrested for public intoxication, assault on a police officer and interference with official acts. He was later acquitted of public intoxication and found not guilty of assaulting a police officer, according to the suit. He was found guilty of interference with official acts.
Shannon suffered a fractured rib, a collapsed lung, personal and reputation injuries, as well as emotional distress and monetary costs as a result of the assault, according to the suit.
The lawsuit isn't the first time Shannon has sued the city.
In May 2007, Shannon said in a lawsuit that his city sound permit was amended in retaliation for his notice to the city that he intended to sue the city and a police officer he says assaulted him.
In 2006, Shannon notified the city that he intended to sue the city and a police officer for injuries Shannon said resulted from an assault by the officer. Shannon's lawyer, Dawn Mastalir, said she could not comment on whether that lawsuit is the same as the suit Shannon filed this year.
The lawsuit, filed Aug. 1 in U.S. District, stems from a Sept. 13, 2006, incident involving Timothy Shannon, a former Iowa State Patrol officer and current owner of Tom Foolery's Pub & Grill, and Sioux City police Officer Mike Koehler, a former Sioux City Journal reporter.
Sioux City Police Lt. Marti Reilly declined to comment on the lawsuit Tuesday, which also names the city of Sioux City, the Sioux City Police Department and Police Chief Joseph Frisbie as defendants.
Shannon claims in court documents that Koehler "intentionally and with actual malice caused physical injury to him," that the training and supervision Koehler received from the police department was inadequate and negligent and that Frisbie did not discipline Koehler for his actions.
Shannon is seeking compensatory and punitive damages.
At 1:42 a.m. on Sept. 13, 2006, court documents state that Koehler responded to Tom Foolery's, 1008 Fourth St., for a disturbance between two females.
According to the suit, surveillance video captured Shannon walking towards Koehler, pointing his finger at him and asking him to leave. When Shannon got within an arm's reach of Koehler, the documents state that Koehler put his flashlight in his belt holder, and then "grabbed Shannon by the front of his chest or neck and pushed him up and back and swept Shannon's legs with his own leg, so that Shannon would fall backwards."
As Shannon was falling to the ground, the documents state that Koehler continued to push him. When Shannon came to rest on the ground, Koehler "continued to lift Shannon off the ground and then bounced him back down to the ground several times."
Shannon was arrested for public intoxication, assault on a police officer and interference with official acts. He was later acquitted of public intoxication and found not guilty of assaulting a police officer, according to the suit. He was found guilty of interference with official acts.
Shannon suffered a fractured rib, a collapsed lung, personal and reputation injuries, as well as emotional distress and monetary costs as a result of the assault, according to the suit.
The lawsuit isn't the first time Shannon has sued the city.
In May 2007, Shannon said in a lawsuit that his city sound permit was amended in retaliation for his notice to the city that he intended to sue the city and a police officer he says assaulted him.
In 2006, Shannon notified the city that he intended to sue the city and a police officer for injuries Shannon said resulted from an assault by the officer. Shannon's lawyer, Dawn Mastalir, said she could not comment on whether that lawsuit is the same as the suit Shannon filed this year.
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Bottom Line wrote on Aug 8, 2008 4:09 PM:
cmj wrote on Aug 7, 2008 11:51 PM:
James Lynch wrote on Aug 7, 2008 9:26 AM:
Tim H wrote on Aug 6, 2008 10:32 PM:
You know that video camera that a lot of todays police cars have? Have you seen some of those video clips where the cop was making a simple/innocent traffic stop and ended up literally fighting for their life?
Sure, youre probably saying, nothing like that could EVER happen here in Sioux City, arent you James? (Asked sarcastically, eyes rolling)
I know if I was a cop and someone aggressively advanced towards me I for sure wouldnt wait to find out if they have a weapon or not Id take them down any way I could, restrain them and then sort it out later.
Please tell me where it says a cop has to wait to be stuck with a knife or shot with a gun before they are allowed to protect themselves.
But hey, nothing like that could EVER happen here in Sioux City could it James?
An officer is going to nu "
Brad wrote on Aug 6, 2008 7:09 PM: