Judge to rule on suit against police filed by 84-year-old man

Jace Radke

Tuesday, June 1, 2004 | 10:09 a.m.

A federal judge will determine whether or not a lawsuit alleging that Henderson Police officers used excessive force in arresting an 84-year-old man will go to trial later this month.

U.S. District Judge Philip Pro heard arguments Friday on a motion for summary judgment filed by attorneys for Henderson Police in response to Charles Walker's federal lawsuit.

Pro told the attorneys that he would issue a written order soon and that the arguments would stand as submitted. If Pro does not grant the motion for summary judgment, the case is scheduled to go to trial on June 21.

The lawsuit states that 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, which also says that Walker was denied medical treatment by officers, asks for unspecified damages.

The summary judgment motion states that officers acted with necessary force during the incident, and that medical treatment was offered but refused by Walker.

The struggle between Walker and police took place after 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, the motion alleges.

Peter Angulo, a lawyer representing Henderson Police, said 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, Angulo said.

"According to the officer's training, when you have someone acting like that, you can't let them get back in their car," Angulo said, adding that there have been incidents in the past where people get back into a car only to come back out with a weapon.

"You can't just let him run around. You have to take him into custody, and if necessary, use force to do it.

"The officer didn't slam Mr. Walker into a wall. He used a controlled move to take him down to the ground to get him under control."

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

"The reasons that Officer Tomlinson gave for pepper-spraying and assaulting Mr. Walker are blatantly untrue," Flangas said.

Walker's lawsuit also alleges that he was denied medical treatment.

Angulo said paramedics looked at him at the scene of the incident, but Walker refused their help, and also refused to let a nurse at the Henderson jail help him.

After his release from jail, Walker was admitted to St. Rose Dominican Hospital's Rose de Lima campus in Henderson. Flangas argued that officers should have known he needed medical attention and made sure he got it whether he was refusing to cooperate or not.