Bellevue and deputy deny brutality claims
Officers say they were hit, kicked and spit upon during arrests
By GREG MOORE
Express Staff Writer
A lawsuit filed by a Bellevue resident against the city of Bellevue and
a Bellevue deputy marshal was brought "frivolously and unreasonably," the
defendants claimed in an answer to the suit filed last week in federal District Court in
Boise.
The suit was filed by Catherine M. Rahn against the city and deputy
Cory J. Hart, alleging that Hart used unnecessary force in July 1998 when issuing a
speeding ticket to her and subsequently arresting her for misdemeanor battery.
The defendants have asked that the suit be dismissed and that they be
awarded their costs and attorney’s fees.
"From what we know so far, it doesn’t look like a suit should
have been filed over this," the defendants’ attorney, David Sasser, said in an
interview.
According to a statement by Hart contained in Rahn’s criminal
file, he had stopped her for driving 57 miles per hour in a 45-miles-per-hour zone. He
stated that Rahn’s daughter, Catherine J. Hungelmann, then 20 years old, was a
passenger in the car. Hart stated that when he issued Rahn the citation, she started
screaming.
"I answered her question and began to walk back to my patrol
vehicle," Hart wrote. "Rahn then got out of her car and began to run at me
screaming ‘Now it’s my turn.’ Rahn ran up to me and deliberately hit me
with her shoulder. Rahn was flailing her arms and again struck me in the chest. I called
for backup because Rahn was escalating the situation very quickly. I then placed Rahn
under arrest for battery.
"When I placed (the) No. 1 cuff on Rahn she went limp and fell to
the ground. Rahn was screaming and would not give me her other hand. I was then kicked and
spit on by Hungelmann."
Hart’s version of events was corroborated by written statements
submitted by four witnesses.
According to a statement by witness Tom Lloyd, a Wood River Fire and
Rescue member, Hungelmann "spit at Officer Hart and then at the other officer.
Another man walked over and helped Officer Hart finish the arrest. The girl started
yelling at the civilian. She then started yelling vulgar language at the officers.
"A Hailey police car then arrived and the two Bellevue policemen
proceeded to arrest the daughter. She started to kick and do just about everything she
could to the officers. The two Hailey officers jumped out of the car, ran up to assist and
finish the arrest. They got the cuffs on her and went to take her to the police car. She
turned and spit in Officer Hart’s face. They put her in the police car."
The battery charge against Rahn was dropped as the result of a deferred
prosecution agreement, filed Jan. 5, under which the state agreed to dismiss the charge if
she were not charged with any criminal offense for six months. Hailey prosecuting attorney
Rick Allington did not return phone calls to explain why the charge was dismissed.
Hungelmann was also arrested for misdemeanor battery. She pleaded
guilty on Dec. 28, 1998, and received a withheld judgment, a $263.50 fine and 18 months
probation.
