May 5, 2009

PA- Spring Grove grandmother sues police

This is what folks need to do when mistreated, file a complaint, tie up the courts over police brutality. I love the police comment "Drop your sandwhich" likely with guns drawn. I hope she is able to get damages as she does deserve them.

5-5-2009 Pennsylvania:

Donna Dull said she was shocked.

A man was shouting at her, "Drop your sandwich, get out of the car. Drop your sandwich, get out of the car."

"I think I said, 'What?'" Dull said, according to court documents.

Dull, then a 59-year-old Spring Grove grandmother, was arrested on child pornography charges on March 14, 2005, in the parking lot of the West Manchester Mall.

A Wal-Mart employee had contacted police about pictures Dull had dropped off for development. The photos were of Dull's young granddaughter at bath time.

The child abuse charges were later dropped at the direction of York County District Attorney Stan Rebert, who told the court at the time he did not think the requisite "intent" to distribute child pornography was present in the case.

In court documents, Dull had maintained the pictures she took were innocent photographs intended only for the family album.

"It was a shame that it happened," Dull's attorney, John Yaninek, said.

Yaninek said Dull was "unfortunately" caught up in the public battle against child pornography.

"That wasn't the case with Donna and thankfully that part of it is over," Yaninek said.

In 2007, Dull filed a federal civil lawsuit claiming West Manchester Township Police and York City Police had violated her constitutional rights. Specifically, Dull claimed officers used excessive force and violence when they arrested her.
Since the civil action was filed, several of the defendants and both police departments have been released from the suit. The sole remaining defendants are West Manchester Township Police Officer Sean Conway and York City Police Sgt. Nicholas Figge.

Dull maintains she was handcuffed "tightly in a rough, vigorous and aggressive manner" and slammed into a parked car with enough force that her head bounced off the vehicle, resulting in injuries to her back.

She is seeking in excess of $200,000 plus punitive damages. Jury selection is scheduled to begin in U.S. Middle District Court in Harrisburg on Oct. 5.

City solicitor Donald Hoyt, who is representing Figge, said, "We are very comfortable that our officer did nothing wrong."

Conway's attorney did not respond to a request for comment. ..News Source.. by RICK LEE, Daily Record/Sunday News

No comments: