Roosevelt asks judge to dismiss civil rights lawsuit

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SALT LAKE CITY — Roosevelt officials are asking a federal judge to throw out a multimillion-dollar lawsuit filed against the police department.

In September, Jerahmia Hardman, 30, of Roosevelt, filed a $7.5 million civil rights lawsuit in federal court against the city, its police department and specifically officer Pete Butcher and detective Tracy Bird.

Hardman was charged with sexually abusing a young girl. But the case was dismissed two years later by the judge after it was learned that significant portions of the video-recorded interview by police with Hardman were missing. Allegations were raised that because Hardman cannot read or write beyond a rudimentary level, he would not have been able to write some of the words contained in his purported admission letter on his own.

On Wednesday, Roosevelt and its attorney, Heather White, filed a motion to have the lawsuit dismissed, arguing that because Hardman was never convicted, his civil rights weren't violated.

"Long-standing case law establishes Mr. Hardman must have been convicted for his due process rights to have been violated as he alleges. Mr. Hardman, however, was never convicted. Instead, the criminal charges against him were dismissed in response to a motion to suppress he filed prior to trial. Therefore, Mr. Hardman’s civil rights were not violated," according to a prepared statement from White.

Hardman now has 28 days to respond to the motion to dismiss.