Henderson cops trial to go forward

Jace Radke

Wednesday, July 14, 2004 | 9:22 a.m.

A federal judge has ruled that a lawsuit, which alleges Henderson Police officers used excessive force while arresting an 84-year-old man, will go to trial.

In an order filed Monday U.S. District Judge Philip Pro states that although the evidence presented by plaintiffs is not very strong, there are still questions for a jury to answer.

The lawsuit states that Charles Walker, now 86, suffered five broken ribs and a fractured hip after an officer approached him at the intersection of Army and Market streets on July 21, 2002. The lawsuit asks for unspecified damages.

Pro found that a surveillance video from the parking lot of the Rainbow Club casino and a written statement drafted by Walker's son two weeks after the arrest were enough to move forward with a trial later this year.

Pro ordered that police will face allegations of excessive force, assault and battery and negligence, but threw out charges that police denied Walker medical attention, intentionally inflicted emotional distress or conspired to violate Walker's civil rights.

The struggle between Walker and police took place on July 13, 2004, when Officer David Tomlinson questioned Walker 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, police said.

Police maintain that Walker yelled and swore at the officer, and attempted to get back in his car, so Tomlinson used pepper-spray on Walker. When Tomlinson tried to arrest Walker, Walker struggled and Tomlinson had to take him to the ground to control him, police said.

Walker's attorney, Leo Flangas, maintains that Walker never moved to get back into his car and was leaning on the back of his car when Tomlinson attacked him.