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July 29, 2006

February altercation leads to federal lawsuit

JOHN WILLIAMS

EDMOND — A February altercation between an Edmond Police officer and a city resident has led to a federal lawsuit.

Fifty-eight-year-old Allen Eng claims Officer Derek Kennedy struck him several times with a baton and used pepper spray during the Feb. 24 altercation in the parking lot of Taco Bell, 2200 W. Edmond Road.

Eng’s attorney, Kenneth Coe of Oklahoma City, said Friday it was a necessary lawsuit to protect people from police brutality.

“I don’t know if it’s a post-9/11 mentality, or whatever, but things that they used to do to drunks and blacks, seems to be extending out farther and farther and they don’t show much respect for the

citizens.”

According to police reports, Kennedy was making a traffic stop that day, when Eng allegedly drove up behind his patrol car, honking and waving his arms.

The report said Eng got out of his truck and “charged” toward the police car in an “aggressive” manner. Kennedy wrote in his report Eng ignored several verbal commands to get back in his truck. Kennedy also wrote that Eng continued to move toward him as he struck him with a baton.

During the altercation, reports said Eng tried to take the baton from Kennedy while returning to his truck. Kennedy claims he was afraid Eng was going for a weapon, so he pepper sprayed him in the face.

An internal police investigation exonerated Kennedy of all wrongdoing in April.

Edmond City Attorney Steve Murdock said the city was served with the federal court lawsuit on Wednesday. The defendants are Kennedy and Police Chief Bob Ricks.

He said he will review the allegations in the lawsuit and file the appropriate response in court.

“The matter was the subject of significant media attention and an internal investigation was conducted of the officer’s action,” he said.

“The investigation concluded that the officer did not use excessive force against Mr. Eng and the city plans to aggressively defend the lawsuit.”

Coe said he expects a jury trial to begin by the end of the year.

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