Man sues police officer for erasing pictures off camera

AKRON (AP) -- Police officer David Devore just didn't appreciate John Bell III's "whimsical sense of humor."
When Bell took digital pictures Feb. 6 of Devore's police car stuck in the mud and being towed out of a ditch after an errant U-turn, Devore got angry. He took the memory card from Bell's digital camera and erased the images.
Now the two are headed for court, with Bell suing Devore and the city for more than $25,000 in punitive damages, claiming his civil rights were violated because he was stopped without probable cause, wrongfully detained, verbally abused and deprived of his property.
Why did Bell, 38, take the pictures? "His motivation was his whimsical sense of humor," Atty. Dean Hoover said.
The confrontation
Jody Roberts, the city's communications manager, said the city and Devore agreed that he did not handle the situation properly. But Roberts said Bell's civil rights were not violated.
Dashboard cameras show the confrontation between Devore and Bell.
Devore directed fellow officer Tyson Dinda to pull over Devore's red minivan after Devore stopped to take the pictures. When Bell arrived farther up the road where the stop occurred, Bell asked Devore why he needed Bell's camera.
"Because," he said at first. After he paused, he added, "Defamation of character. Camera. And film. Now. I'm not going to ask you again. I'll give you the count of three. Or I can make your life a living hell. You make the decision. I'll give you that choice."
When Bell picked up the memory card at the police station later that day, the images had been erased.