Judge dismisses lawsuit against Davenport police, city

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.


Local events heading

  Today is Monday, Sept. 1, the 244th day of 2014. There are 121 days left in the year.

1864 -- 150 years ago: We are informed by J.H. Hull that the reason the street sprinkler was not at work yesterday settling the dust on the streets, was because one of his horses was injured.
1889 -- 125 years ago: Bonnie McGregor, a fleet-footed stallion owned by S.W. Wheelock of this community, covered himself with glory at Lexington, Ky, when he ran a mile in 2:13 1/2. The horse's value was estimated as at least $50,000.
1914 -- 100 years ago: Troops are pouring into Paris to prepare for defense of the city. The German army is reported to be only 60 miles from the capital of France.
1939 -- 75 years ago: The German army has invaded Poland in undeclared warfare. Poland has appealed to Great Britain and France for aid.
1964 -- 50 years ago: Publication of a plant newspaper, the Farmall Works News, has been launched at the Rock Island IHC factory and replaces a managerial newsletter.
1989 -- 25 years ago: Officials predict Monday's Rock Island Labor Parade will be the biggest and best ever. Last minute work continues on floats and costumes for the parade, which steps off a 9:30 a.m.

(More History)