Snyder couple accuses deputy of civil rights violation

OFF THE WIRE
A Snyder couple is seeking $3 million after, according to the couple, a Dodge County deputy sheriff violated their civil rights and used excessive force in an April 7 incident at their home.
Lincoln attorney John C. Fowles filed a tort claim on behalf of Peter M. Muller and Kimbely Ann Bender of Snyder, husband and wife, stemming from the incident.
Muller was in his Snyder home when Dodge County Deputy Christian Frerichs opened the outside door and entered the home without a warrant or permission, the claim says.
“When Deputy Frerichs entered,” the claim continues, “he pointed at (Muller), who was sitting at the time, and said, ‘You’re going to jail.’
“Deputy Frerichs then requested that the claimant go outside the residence. No reason was given. The claimant stood, but declined to leave his residence,” the claim says.
Dodge County Attorney Oliver Glass said a public urination situation drew Frerich’s attention to Muller.
“Based on my reading of the police reports, he was just driving by and saw the gentleman that filed the tort claim urinating outside of his house somewhere. That’s how the officer’s attention was drawn to Peter Muller in the first place,” Glass said.
The claim says Frerichs remained in the residence for 20 to 30 minutes.
“Eventually,” the claims says, “(Muller), while both hands were in his pants pockets, made a step or two towards a friend, who had entered his residence and had been there for almost 20 minutes, when Deputy Frerichs tripped (Muller) and pushed him to the ground, causing injuries and damages. …”
Muller, 46, reported in the claim that he suffered injuries to his head, the loss of his left eye and need for a prosthetic eye, neck pain and headaches.
Bender is seeking compensation for loss of the care, comfort, companionship and services of her husband.
Frerichs was the only law enforcement officer at the residence until a Dodge police officer showed up later, Glass said. By that time, however, “everything had pretty much transpired,” he said.
While Muller was in the hospital, Frerichs ticketed him for public urination, obstructing government operations, resisting arrest and disorderly conduct, with all charges subsequently dropped, according to the claim.
“Nothing was ever filed,” Glass said. “The arrest reports were sent to my office, but I chose not to file charges in that particular case.”
The couple is seeking $1 million for state law claims, including unnecessary use of force, use of excessive force, violation of the state constitution, trespassing, trespass causing injury and failure of the county to properly train, screen and discipline.
The couple also seeks $2 million in compensatory and punitive damages, as well as attorney fees, for federal law violations.
“The charges have basically been filed against Dodge County,” Glass said. “We’ll have, I assume, a NIRMA (Nebraska Intergovernmental Risk Management Association) attorney that will be contacting me to get police reports and things like that.”
Dodge County Sheriff Steve Hespen confirmed that Frerichs is still on active duty.
County supervisors are expected to officially receive the claim during their regular meeting at 9 a.m. Wednesday on the third floor of the courthouse.
http://fremonttribune.com/news/local/snyder-couple-accuses-deputy-of-civil-rights-violation/article_f8561bfa-b40d-11e1-a263-001a4bcf887a.html