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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