Court rules Topeka police not liable for crash

Topeka Capital-Journal, The, Oct 24, 2007 by Robert Boczkiewicz

By Robert Boczkiewicz

SPECIAL TO THE CAPITAL-JOURNAL

DENVER - A Topeka woman lost her legal battle Tuesday in which she alleged a Topeka police officer and the city were responsible for her being critically injured in a car crash and losing her unborn baby.

The 10th U.S. Circuit Court of Appeals ruled 3-0 against Danielle Rhoten, concluding Lt. Frank Pase and the city weren't responsible for the crash.

The 12-page ruling by the Denver-based court affirmed a decision by Senior U.S. District Judge Sam Crow in Topeka, who granted a summary judgment last year in favor of Pase and the city. Rhoten appealed.

Rhoten, 19, was in a van hit by a car driven by Bruce Dickson IV on Feb. 5, 2004, at S.W. 6th and Topeka Boulevard.

The judges said Pase was pursuing Dickson because he was speeding, making quick lane changes and passing vehicles on slick, icy streets.

Rhoten alleged in a lawsuit that her constitutional rights of substantive due process were violated because Pase purportedly created a dangerous condition by not using emergency lights or a siren when engaging in what Rhoten claimed was a high-speed chase.

Police Chief Ed Klumpp said in 2004 that Pase, in an unmarked car, wasn't pursuing Dickson and was at S.W. 4th Street and Topeka Boulevard when the crash occurred.

Crow and the appellate judges cited Dickson's testimony that he was unaware that Pase was pursuing him and that Dickson didn't change his manner of driving because of anyone behind him.

Crow concluded that Pase's failure to use emergency lights or a siren wasn't a factor because the danger already existed due to Dickson's driving. He ran a red light, striking the van.

"Mr. Dickson was solely responsible for the accident, Lt. Pase did not intend to harm Ms. Rhoten and Lt. Pase's conduct was not conscience shocking," the appellate judges wrote. "The ultimate standard for determining whether there has been a substantive due process violation is whether the challenged government action shocks the conscience of federal judges."

Dickson, 24, of Lawrence, was sentenced in 2005 to 90 days in jail after pleading no contest to a misdemeanor charge of injury to a pregnant woman by vehicle in a traffic violation.

Rhoten also sued Dickson in the same lawsuit. Crow granted Dickson's request to dismiss the lawsuit against him if the judge decided in favor of Pase and the city. Crow said Rhoten didn't oppose Dickson's request.

Robert Boczkiewicz covers the 10th U.S. Circuit Court of Appeals in Denver. He can be reached at REB1den@aol.com.