Family sues Metro Police

Jace Radke

Wednesday, June 11, 2003 | 11:06 a.m.

The Metro Police Department is facing a federal civil rights lawsuit because a former officer allegedly pulled his gun on a 13-year-old skateboarder and chased him into his home, starting a chain of events that led to the arrest of the boy and his parents.

The suit, filed late Monday, alleges that former Metro Officer Timothy Nelson drew his gun and chased Chris Hamilton into his house on the evening of June 9, 2001.

Attorney John Shannon, who represents the plaintiffs in the case, Chris and his parents, Zachary McDowell and Teresa Hamilton, said the incident was caused by a "cowboy mentality" among Metro Police.

"This is an ordinary, working-class family, and they are in their home, the one place in the world they're supposed to feel safe," Shannon said of the incident. "Their 13-year-old son is in the driveway sucking on a piece of candy with his skateboard under his arm when the officer pulls up.

"If the officer has questions there are other ways of handling it than treating it as a violent crime in progress."

The suit names Nelson, Sgt. Paula Dumire and Metro Police as defendants, and asks for unspecified monetary damages for injuries sustained by the family, false arrest, embarrassment and emotional distress.

A Metro spokesman declined comment on the case, citing a policy of not commenting on pending lawsuits.

According to the suit, Chris Hamilton was riding his skateboard in the driveway of his home on Upland Boulevard near Charleston and Jones boulevards when he stopped to sit on the curb to eat a piece of candy.

At that point Nelson allegedly pulled up in his patrol car and used abusive language to admonish Hamilton about riding his skateboard in the street.

Hamilton reportedly asked Nelson if he could go inside and get his father, and as he turned to go, Nelson allegedly got out of his car, drew his gun and chased Hamilton into the house. Once inside Nelson allegedly exchanged words with McDowell and pulled Hamilton from the house by his ear, before throwing him against the patrol car. More officers soon arrived, and arrested the entire family.

McDowell hyperextended his shoulder while being handcuffed, and while asking officers for help, Teresa Hamilton was pepper-sprayed by Sgt. Paula Dumire, according to the complaint.

The arrest report tells a different story. It says Chris Hamilton was skateboarding in the street, and when Nelson stopped him, Hamilton uttered an expletive and ran inside his home. The report also claims McDowell let Nelson inside the house and then swore at Nelson.

It further states that McDowell and Teresa Hamilton were disrupting his investigation, and that McDowell punched Nelson in the forearm.

The three family members were charged with misdemeanors ranging from pedestrian in a roadway to obstructing police. McDowell was also charged with battery of an officer.

All of the charges were dropped by the Clark County district attorney's office.

The family filed a complaint with Metro Internal Affairs, but the officers involved were cleared. Metro officials said some misconduct occurred, but would not elaborate, saying that Internal Affairs investigations are confidential.

Nelson was later fired for other misconduct discovered in the course of the investigation, police said. Dumire continues to work for Metro.

"Internal Affairs says they found two instances of misconduct in the case, but they won't say what it was or if it led to the subsequent termination of Nelson," Shannon said. "I'd like to know more about that."

Shannon said the plaintiffs first contacted him about the case a couple of months ago.

"It takes a lot for someone to file a suit, and I think they felt that there wasn't much they could do because this was the police," Shannon said. "At some point you continue to think about what happened and you get angry enough to do something about it."