Teen, mother file lawsuit against cops

Kim Smith

Friday, Jan. 21, 2000 | 11:23 a.m.

A 13-year-old Las Vegas boy and his mother have filed a federal lawsuit against Metro Police and two of the department's officers claiming the boy's left arm was broken during an arrest last winter.

According to the lawsuit, Parrish Young Jr. was waiting for a school bus at the Kingdom Hall of Jehovahs Witness on South Mojave Road Feb. 3, 1999, when he met Officers Robert W. Schmidt, 37, and Kerry M. Ruesch, 42.

Young and a friend, Alex D. Solomon, 12, were "horseplaying" with a can of potato chips when Schmidt pulled up in a pickup truck and Ruesch pulled up in a police car, the lawsuit says.

Schmidt, who was in uniform, yelled at them to get out of the road, using racial slurs to do so, the lawsuit alleges.

When other children in the crowd shouted out obscenities, Schmidt ordered Young to go to the police car, the lawsuit says. However, when the boy dropped his books, Ruesch grabbed him by the neck, threw him onto the car, causing him to hit his head on the hood.

Ruesch then handcuffed Young, in the process breaking his left arm, the lawsuit says.

Young was arrested for disorderly conduct and resisting arrest, placed into the police car and driven to Gaudin Ford, where Schmidt dropped off the pickup he was driving, the lawsuit says.

Schmidt and Ruesch then drove to University Medical Center where X-rays showed the arm was broken. Schmidt told Young's mother, Tammy Lyons, he knew the arm was broken because he heard it snap while Ruesch was handcuffing the boy, the suit says.

Metro Police Spokesman Officer Steve Meriwether declined to comment on the suit, citing the department's policy not to comment on pending litigation.

Joining Young and Lyons in suing the police department for "negligence, reckless, wanton and intentional and malicious" acts, are Solomon and his mother, Pamela Solomon. Solomon had been taken off the bus and questioned by the officers.

The four are seeking more than $2 million each in punitive damages.

Young is seeking $20,000 in medical bills, $2,500 in attorneys fees and $5 million for pain, anguish and permanent disabilities.

The charges filed against Young were dismissed in July 1999 when Schmidt and Ruesch failed to appear for a court hearing, the lawsuit says.

The FBI interviewed witnesses and the boys following the incident and submitted its findings to the Department of Justice's civil rights division for review and direction.

FBI Special Agent Joe Dickey said this morning that report is still awaiting review.

Metro officials at the time said the department had not received any complaints from the boy or his family.