Summary judgment sought in lawsuit against police

Jace Radke

Thursday, April 8, 2004 | 11:04 a.m.

A hearing this morning on a motion that would have ended a lawsuit over Henderson Police officers' use of pepper spray and tackling of an 86-year-old man has been continued.

Charles Walker's federal lawsuit states that he suffered five broken ribs and a fractured hip after officers approached him at the intersection of Army and Market streets on July 21, 2002. The lawsuit further alleges that Walker was denied medical treatment.

Attorneys for the police department filed a motion for summary judgment, stating that officers acted with necessary force during the incident, and that medical treatment was offered but refused by Walker.

The hearing has been rescheduled for April 15, said Walker's attorney, Leo Flangas.

The motion for summary judgment states that Officer David Tomlinson made a traffic stop after spotting traffic having to maneuver around Walker's car in downtown Henderson.

Walker refused to stay in his car, and refused to follow Tomlinson's directions during the incident, the motion alleges.

Walker yelled and swore at the officer, and attempted to leave the area on foot, before heading back toward his car, according to the motion.

The officer then used pepper-spray, and tried to place Walker under arrest, but Walker would not cooperate and struggled with the Tomlinson resulting in Walker being taken to the ground so he could be handcuffed, the motion states.

Walker's lawsuit alleges that excessive force was used, and that Walker was denied medical treatment at the Henderson Jail. After his release from jail, Walker was admitted to St. Rose Dominican Hospital's de Lima campus in Henderson.

The motion counters that paramedics responded to the scene and other than a cut on his head, Walker did not appear to have any other injuries, and that when the paramedics attempted to examine him he refused.

Dennis Walker said his father never regained his balance after the July incident and is now using a wheelchair and a walker.

The case is currently scheduled to go to trial before U.S. District Court Judge Philip Pro in May.

Charles Walker moved to Henderson with his wife, Eleanor, a longtime elementary schoolteacher, in 1948, and worked at Titanium Metals, Pabco Mines and the Nevada Test Site, Dennis Walker said.