Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, September 16, 1993 TAG: 9309160183
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Long
R.J. Scott is named in a $13 million lawsuit scheduled to go to trial Monday in federal court.
The lawsuit was filed after a man was shot in the face during a struggle with Scott in 1992. Scott's prior record - which a federal judge called a "dirty laundry list" of complaints - also has become an issue in the case.
Attorneys for Carl Simmons of Hampton, who was left blind in one eye and deaf in one ear from the shooting, argue that police and city officials knew Scott was a risk and did nothing.
The city "knowingly subjected the public to great and substantial risk of injury," Simmons' attorneys charge in court papers.
Roanoke is also being sued for having "no effective method" of identifying and monitoring police officers with records of excessive force.
Scott had been reprimanded or suspended by the Police Department at least seven times for excessive force since 1981, according to court records.
City Attorney Wilburn Dibling said Wednesday that Scott "continues to serve on the force and is a member in good standing."
Even though Scott was disciplined after internal investigations by the Police Department in some cases, city officials maintain the excessive-force complaints are only allegations and have not been proven in court.
However, the lawsuit is serious enough that Roanoke officials worry it may be linked to the beating of Rodney King by Los Angeles police officers.
City attorneys have filed a motion asking Judge Jackson Kiser to prohibit any mention of the King case by attorneys when Scott's trial gets under way next week in U.S. District Court in Roanoke.
Any such mention would be "highly emotional" and presented "for the sole purpose of inflaming the emotions of the jury," city attorneys say.
Scott, who has been on the Roanoke police force since 1979, has said that Simmons was shot accidentally after grabbing Scott's gun in what started as a routine traffic stop.
Simmons' attorneys, however, say the incident is just the latest in a series of excessive-force compliants against Scott. Court papers listed the following incidents:
On three occasions from 1981 to 1983, Scott received oral reprimands from the Police Department for using excessive force.
In April 1984, he was reprimanded again for slapping a handcuffed prisoner in the face. In a deposition, Scott said he hit the man after the man spit on him.
In March 1986, he was ordered by the Police Department to undergo psychological testing after a complaint that he used excessive force against another suspect in handcuffs. Scott said in the deposition that the tests showed "nothing out of the ordinary."
In May 1986, Scott was suspended for three days after being accused of drawing a gun on a suspect for no justifiable reason.
In April 1987, he received a written reprimand for choking an 18-year-old suspect who was lying on the floor of the Police Department's youth bureau, bound hand and foot. Scott also was cited for leaving details of the incident out of a written report he made on the case.
In denying the city's motion to have the lawsuit thrown out this week, Judge Kiser referred to the "dirty laundry list" of allegations against Scott. He noted the claims were supported by affidavits and complaints.
However, city attorneys say Scott has not been reprimanded for using excessive force in the past six years, and the earlier charges are too old to have a bearing on Simmons' suit.
If earlier court hearings are any indication, testimony next week by Scott and Simmons will differ drastically.
Scott has testified in Roanoke Circuit Court that he attempted to pull Simmons over in the Wasena area after spotting him driving with his headlights off the night of Feb. 3, 1992.
After stopping long enough to curse at him, Simmons sped off and led Scott on a chase for several blocks, the police officer testified. When Simmons finally stopped the car, Scott has said, he pulled his revolver after Simmons lunged for what Scott thought was a weapon under the car seat. Scott said his gun went off accidentally as they struggled.
Simmons has told a different story.
He has testified that Scott had his gun already drawn when he walked up to the car. Scott began to tap his gun on the car's window and roof, ordering him to roll the window down, Simmons testified.
"Don't you know I could kill you," he quoted the officer as saying. As Scott continued to ask Simmons why he did not pull his car over earlier, the officer began to tap his gun on the edge of the rolled-down window, Simmons testified. At that point, he said, the gun went off, striking him in the left side of the face.
Simmons was charged with impeding police and possessing cocaine that was later found in the car. A judge dismissed those charges, but convicted him of failing to stop for a police officer.
by CNB