Judge dismisses lawsuit against Davenport police, city


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Originally Posted Online: May 15, 2013, 7:17 pm
Last Updated: May 16, 2013, 12:25 am
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By Rachel Warmke, rwarmke@qconline.com

A federal judge has dismissed a lawsuit filed by a Davenport man claiming he was unfairly treated by police and other city officials during a 2010 arrest.

In a written order to dismiss Calvin Hammock's lawsuit, Judge Charles Wolle ruled there was no evidence to support Mr. Hammock's "conspiracy theory" that officers violated his Constitutional rights. The ruling was sought by the defendants of Mr. Hammock's suit.

Judge Wolle further wrote in his order, filed Friday in the U.S. District Court in Davenport, that police acted reasonably and lawfully during the August 2010 traffic stop and arrest of Mr. Hammock, and medical personnel treated him despite his "belligerent attitude."

The judge wrote there was no indication any of the defendants had known, or treated him unfairly, because of a disability Mr. Hammock claimed he had under the Americans with Disabilities Act.

Other county officials listed in the suit, including several Scott County prosecutors and Davenport Mayor Bill Gluba, had no direct connection with Hammock's allegations, the judge said.

The order indicates Mr. Hammock, 42, will be responsible for paying the costs associated with the suit.He had filed the lawsuit pro se in July 2012, claiming he was unjustly arrested during an August 2010 traffic stop and, after being taken to the police station, groped by officers.

Other defendants in the suit included the Davenport Police Department; Davenport Police Chief Frank Donchez; Davenport police officers Brad Jensen, Samuel Miller, Epigmenio Canas, Jason Smith, Patrick Sievert, Austin Kean, James Quick and Christopher Mahieu; Genesis Health System; Dr. Steven Bashor and an unknown nurse; Scott County; and the state of Iowa.

Mr. Hammock was arrested in November 2012, for allegedly stabbing a person at the Chorus Line nightclub at 4128 N. Brady St., Davenport.Court records show he has pleaded guilty to disorderly conduct related to the nightclub incident, and the court dismissed counts of willful injury, assault while displaying a weapon and going armed with intent.



















 




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  Today is Tuesday, Sept. 16, the 259th day of 2014. There are 106 days left in the year.

1864 — 150 years ago: A fine lumber mill is on the course of erection at Andalusia. A flouring mill at that location is doing a fine business.
1889 — 125 years ago: J.B. Lidders, past captain of Beardsley Camp, Sons of Veterans, returned from Paterson, N.Y., where he attended the National Sons of Veterans encampments.
1914 — 100 years ago: President Wilson announced that he had received from the imperial chancellor of Germany a noncommittal reply to his inquiry into a report that the emperor was willing to discuss terms of peace.
1939 — 75 years ago: Delegates at the Illinois Conference of the Methodist Church in Springfield voted to raise the minimum pay of ministers so that every pastor would get at least $1,000 annually.
1964 — 50 years ago: An audience of more than 2,600 persons jammed into the Davenport RKO Orpheum theater with a shoe horn feasted on a Miller-Diller evening that was a killer night. Phyllis Diller sent the audience with her offbeat humor. And send them she did! It was Miss Diller's third appearance in the Quad-Cities area.
1989 — 25 years ago: A few years ago, a vacant lot on 7th Avenue and 14th Street in Rock Island was a community nuisance. Weeds grew as high 18 inches. Today, the lot has a new face, thanks to Michael and Sheila Rind and other neighbors who helped them turn it into a park three weeks ago.





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