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Kansas City couple awarded $345K over excessive force

Daily Record and the Kansas City Daily News-Press, May 13, 2008 by Charles Emerick

An elderly Kansas City couple received a jury award last week for a scuffle with police officers four years ago.

A Jackson County jury determined two Kansas City police officers used excessive force when they arrested Louise and Fred Jones in June 2004. The jury awarded the couple a total of $345,000.

The fracas inside their home allegedly left Louise Jones, now 70, with an injured right knee. Fred Jones, now 79, suffered minor injuries.

According to court records, the episode involving the two plaintiffs and officers Ryan Van Deusen and Cory LeMoine started when Louise Jones apparently honked her horn as she drove behind the police car near 50th Street and Euclid Avenue.

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Van Deusen and LeMoine were reportedly responding to a disturbance call from a home near the Joneses' house. As they drove slowly, Louise Jones allegedly honked her horn -- accidentally, she claimed.

The Joneses' petition states that LeMoine told Louise Jones that he could cite her for honking her horn on a public street.

The lawsuit went on to allege that Louise Jones then remarked to her neighbor, who overheard the exchange, "They [the police] would not be out in a white neighborhood giving a senior citizen trouble about accidentally honking a horn."

Louise Jones then went into her home and the officers responded to the disturbance call.

Afterward, Van Deusen and LeMoine went to the Joneses' home. They demanded to see Louise Jones' driver's license.

LeMoine told her she was under arrest. As he reached to handcuff Louise Jones, she backed away and asked why she was under arrest.

Van Deusen then allegedly fired his Taser gun, but the prongs did not stick. Louise Jones was forced to the floor and sustained an injury to her right leg.

Fred Jones, who was upstairs sleeping, claimed he heard the commotion and proceeded to check on his wife. As he tried to help her, Van Deusen supposedly slammed him to the floor, injuring his leg.

Both were arrested. The charges included the misuse of a horn on city streets, resisting arrest and intentionally inflicting injury on an officer. The horn charge was eventually dropped. Louise Jones was later found guilty of resisting arrest and attempting to injure LeMoine. Fred Jones was guilty of interfering in the arrest of his wife.

According to court records, the officers claimed in their defense they believed Louise Jones was trying to stop them when she honked her horn. They added that her comments about police harassment were an attempt to provoke the officers.

And in a motion for summary judgment, LeMoine alleged that Louise Jones pushed him in the chest when he went back to her home to cite her for misusing her car horn.

The jury deliberated for about three hours before returning the verdict Friday night.

The verdict included $100,000 for the leg injury to Louise Jones and $5,000 for the minor injuries suffered by Fred Jones. A punitive damage award totaled $240,000.

Plaintiffs' attorney Basil North Jr. did not return a message on Monday.

Officers Van Deusen and LeMoine were represented by assistant attorney general Virginia Murray. John Fougere, a spokesman with the attorney general's office, could not be reached for comment.

Kansas City couple awarded $345K over excessive force

Daily Record and the Kansas City Daily News-Press, May 13, 2008 by Charles Emerick

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