Thursday, November 18, 2004
The arbiter faulted the city for paying a claim without a thorough review of the case.
WARREN -- A police officer's five-day suspension in connection with a pat down during a traffic stop was overturned by a state-appointed arbiter.
The case had led to a $16,500 settlement in June of a lawsuit filed by Willie Summerlin of Second Street. Summerlin said patrol officers Edward Hetmanski and Joseph Kistler violated his constitutional rights during the Dec. 30 traffic stop.
Summerlin said he was humiliated when Hetmanski searched him and grabbed his crotch area. The search had occurred in front of a friend's Iowa Street home and was videotaped by the friend's grandchildren.
The opinion
Arbiter Thomas Sedwick, in an opinion issued this week, found that "there was no just cause for discipline" in Hetmanski's case. A hearing was held on Aug. 16.
It was not disputed that Summerlin was parked in front of a known crack house with an unidentified person leaning into the open car window, his opinion states. When they saw the police car, that person ran back into the house and Summerlin drove away and ran a red light.
The officers followed him in traffic and stopped him on the winter day. Hetmanski properly approached the car and, based on the officers' observations, "appropriately conducted a pat-down search as allowed under well-established law. That is, where the officer reasonably anticipates danger from a suspect, the pat down is appropriate, legal and constitutional."
The car also was searched.
"Hetmanski did not have the driver drop his pants, as another officer had done in prior cases, and remained within proper procedures," Sedwick added.
Another disagreement
Further, the arbiter adds that he disagrees with the subsequent payment of $16,500 to Summerlin to settle his lawsuit.
"If cities pay citizen claims without a full review of the situation, those cities run the risk of creating a cottage industry of sorts, where anyone with a video camera can run a tape, sell it to a TV station, and stir up the community in an inappropriate fashion," his opinion concludes.
The case was one of a handful this year in which Warren police were accused of illegally strip-searching subjects.
Gary Cicero, the city's human resources director, declined to comment on the opinion.
Kistler's challenge of his own suspension is pending.