Man alleges in lawsuit that police beat him

Bill Gang

Tuesday, July 9, 1996 | 11:59 a.m.

The Metro Police Department and two officers have been named in a lawsuit filed by a man who claims he was arrested and beaten after trying to aid a shooting victim.

John McGarry, who identified himself in the suit as a retired police officer and detective with 30 years experience, alleged that the officers beat him and then concocted a story to justify his arrest after the July 6, 1994, incident.

The charges of obstructing a police officer and resisting arrest were never pursued by the district attorney's office, according to the legal action filed Friday by attorney Michael Stuhff.

The officers were identified only as R. Jensen and K. Keith.

Metro's attorney, Walt Cannon, was out of town and unavailable for comment.

According to the lawsuit, McGarry was "lawfully relaxing" at his 1067 Medley Lane home, off Paradise Road south of McCarran International Airport, when a shooting victim came to his house.

McGarry had his wife call 911 and armed himself in the event the gunman pursued his victim. But when the officers arrived, they beat and disarmed him, the lawsuit charged.

"He committed no illegal acts at the time he was unlawfully attacked," the legal action claims.

The officers "falsely claimed" McGarry was intoxicated and had admitted drinking at the time of the incident, but the court documents indicate that McGarry doesn't drink.

McGarry stated that he suffered more than $10,000 in medical expenses.

His arrest, the lawsuit contends, was "taken pursuant to a de facto policy of Metro ... to summarily punish persons who are perceived to have refused to obey orders, whether lawful or not, by means of unlawful detention and arrest."

The policy, according to the lawsuit, has been known by Metro executives "for a substantial period of time ... and they have not yet taken steps to terminate the practice or investigate."

In addition to unlawful arrest and excessive force allegations, the lawsuit charges battery, false imprisonment and malicious prosecution.

McGarry is seeking unspecified general and punitive damages.