Date: 05-02-2007

Case Style: Ken Rogers and Mary Lou Rogers v. City of Kennewick, et al.

Case Number: Edward F. Shea

Judge: 2:04-cv-05028-EFS

Court: United States District Court for the Eastern District of Washington (Spokane County)

Plaintiff's Attorney:

Diehl Rettig of Rettig Osborne Forgette O'Donnell Iller & Adamson LLP, Kennewick, Washington and Larry Zeigler, Larry Wayne Zeigler, Kennewick, Washigton

Defendant's Attorney:

Jerry Moberg and Brian A Christensen of Jerry J. Moberg & Associates, Ephrata, Washington; Rea Lynn Culwell, Benton County Prosecuting Attorney, Kennewick, Washington; Jennifer Homer, Canfield & Associates, Inc., Ephrata, Washington; Mike McFarland, Evans Craven & Lackie PS, Spokane, Washington; John S Ziobro, Kennewick City Attorney, Kennewick, Washington

Description:

Ken Rogers and Mary Lou Rogers sued the City of Kennewick and others on a civil rights theory, 42 U.S.C. 1983, for arresting him without probable cause and for using excessive force in effectuating the illegal arrest on July 13, 2003. Mr. Rogers was asleep in the home of a family member that he was visiting when Kennewick, Washington police officers burst into the backyard of the residence where Mr. Rogers was visiting without a warrant and pounced on him and turned Deke, the police dog loose on him. As a result of the attacked Rogers was bitten on the hand, back, neck and face by the dog while three police officers beat him in the belief that he was the rider of a Moped that had they were chasing for not wearing a helmet and for not having its headlight turned on. As a result of the wrongful behavior on the part of the officers, Rogers, age 54, sustained multiple injuries including damage to a nerve in his left hand. Mary Lou Rogers also claimed that her rights of consortium with her husband were also damaged.

The defenses asserted by Defendants are not available.

Outcome: Plaintiffs' verdict for $1.05 million.

Plaintiff's Experts:

Van Bogardus

Defendant's Experts:

Wendall Snope

Comments: None