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IDAHO FALLS, Idaho (AP) — A southeastern Idaho man has filed a claim against the Idaho Falls Police Department contending he was a victim of brutality.
Kegan Kinghorn, 26, of Rigby, filed the claim late last month in 7th District Court, The Post Register reports (http://www.postregister.com/node/66568).
The lawsuit names as defendants the city of Idaho Falls, Police Chief Mark McBride, Capt. Darren Cook and Sgt. Scott Killian. Attorneys for those named as defendants in the case have filed a response to the lawsuit denying wrongdoing by their clients.
According to a police report, officers responded to a house where a woman reported Kinghorn had been staying. She said she wanted him gone.
Police say Kinghorn initially complied with officer commands but eventually refused, leading officers to force Kinghorn to the ground where he hit his head on the pavement, drawing blood. The lawsuit said that the officers laughed and joked about Kinghorn's injuries.
Police called paramedics, the report said, and Kinghorn spit blood on one of the paramedics. He was taken to Eastern Idaho Regional Medical Center to be treated before being booked into the Bonneville County Jail.
Kinghorn later pleaded guilty to disturbing the peace, assault or battery on an officer and simple battery, all misdemeanors. He received a sentence of two years of probation, and was credited with 34 days spent in jail.
The lawsuit contends that the department and the city "knew or should have known the propensities and conduct of Cook and Killian in this case and from prior cases" and says the city, police department and McBride failed to train and supervise the officers.
The newspaper reports that even though Darren Cook is named as a defendant, reports show officer Dustin Cook accompanied Killian on the Aug. 2 arrest.
Kinghorn said in the lawsuit that during his arrest he suffered a broken nose, chipped teeth, concussion symptoms and a damaged bone near his eye socket, and he required more than 30 stitches to his face. He's seeking more than $10,000 in damages as well as attorney fees.
City spokeswoman Kerry McCullough and police spokesman Sgt. James Hoffman declined to comment, citing policy on pending litigation.
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Information from: Post Register, http://www.postregister.com
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