The man sued Topika’s police officer and lost. The judge ordered the man to pay the officer’s expenses.

Topeka police officer Chris Janes will leave federal court Thursday after discovering that the jury did not use excessive force against Timothy Harris in 2018.

Topeka police officer Chris Janes will leave federal court Thursday after discovering that the jury did not use excessive force against Timothy Harris in 2018.

Topeka’s Timothy Harris was ordered to pay the costs incurred by Topeka’s police officer Chris Janes, who alleged excessive use of force while he complained unsuccessfully in federal court. ..

After a jury trial ruled against Harris, US District Judge Dan Clubtree ordered Harris to pay Janes’s fees, including attorneys’ fees, late Thursday afternoon. Harris sued Janes for $ 1 million at his own expense.

“The court did not recover the plaintiffs, the proceedings were dismissed in this case, and defendant Christopher Janes ordered the plaintiffs to recover the costs,” the order said.

It was not immediately clear how much they would cost.

According to the latest court document available in mid-January, Janes cost $ 37,688.05. Harris’s expenses were listed at $ 197,120.55 at the time.

The jury deliberated for about two and a half hours

A federal court jury ruled early Thursday afternoon that Janes did not violate Harris’ constitutional rights.

The jury deliberated about two and a half hours ago before reaching a unanimous verdict on the use of a compulsory proceeding in which black Harris has been suing white Janes, who has been a Topika police officer since 2016. ..

Topeka City lawyer Amanda Stanley speaks with reporters after a jury admits that Topeka police officer Chris Janes is not guilty of all the proceedings Timothy Harris pursued against him.

Topeka City lawyer Amanda Stanley speaks with reporters after a jury admits that Topeka police officer Chris Janes is not guilty of all the proceedings Timothy Harris pursued against him.

“The city is happy with the jury’s verdict,” Topeka city lawyer Amanda Stanley told reporters after being filed in Topeka’s federal court.

She said the jury realized that “the city had known for a long time” and that the amount of power Janes used was not excessive given the circumstances involved.

“Plaintiffs have the opportunity to appeal, so the city will not comment further on this issue,” Stanley said.

Harris is Janes Violated his constitutional rights by beating him and breaking his jaw His hands were cuffed behind his back in January 2018 at East Topeka.

The city said Timothy Harris grabbed an officer’s duty belt

This week’s minutes included multiple shows of a video of the incident from a body camera that Janes was wearing at the time.

Topeka police said Harris and Janes had a quarrel near 10 Southeast and Golden Avenue as they attempted to investigate a complaint that Harris received earlier that day that he had stolen property from Harris’ ex-girlfriend. Stated.

After receiving the complaint, Janes issued an unpaid warrant indicting Harris for violating the conditions of probation imposed after Harris was convicted of possessing drug-related equipment and obstructing law enforcement. I knew what was required.

As a result, Harris was most likely to go to jail if police found him, Janes testified in a proceedings trial Wednesday.

He said he saw Harris in the driver’s seat of an illegally parked car on the street near Harris’s house and was patrolling the area allocated after 7 pm on the day of the complaint. Stated.

Janes said he turned on the emergency light on the patrol car, Harris got out of the car he was in, and Janes ordered him to do so before returning.

A video of Janes’ body camera shows Harris sitting in the driver’s seat of a stopped car as Janes approaches.

The video shows Janes, Harris, and a woman in the passenger seat talking about theft and parking issues.

After Janes tells him he’s being detained by Harris, Harris sits in the front seat of the car, takes off his jacket, throws away the cigarette he was smoking and gets out of the car.

Janes puts his hand on Harris’ chest and tells him that he failed to get him back into the car and didn’t give Harris permission to get off. Janes then puts Harris’s hand on the cuffs behind his back.

Carlton Odin, one of Harris’s lawyers at the Chicago-based Action Injury Law Group, LLC, told him, “Are you happy now?”

However, Allen Glendenning, one of Great Bend-based Watkins Kalkara’s Janes lawyers, has already escalated the case by physical resistance after Harris got out of the car. , Janes said he failed in trying to guide him to it.

According to Glendening, when Harris tried to walk to the police car, Harris struggled to grab Janes’s duty belt and Janes took him to the ground.

“The police then put Harris on the ground for better control until additional police arrived,” the city government of Topeka said in a statement released in September 2018. He struck Harris’s torso twice and sprayed his face with pepper spray. “

US District Senior Judge Sam Crow Dominate in August 2019 A rational jury trial violated Harris’s Amended Article 4 rights because his hands were cuffed behind his back and did not resist because of the amount of force Janes exerted on Harris. I was able to conclude that I did.

He writes that Janes should have known: I walked to the police car and cooperated and did not resist. “

But Glendening told the jury in the opening statement on Tuesday that they would hear this week, as late radio commentator Paul Harvey called it “the rest of the story.”

Officers say Harris displayed a “pre-attack indicator”

Janes testified that he displayed at least eight “pre-attack indicators” that ring Janes’ alarm bell, suggesting that Harris is attacking or trying to escape Janes.

He said it also included taking off his jacket in the evening of 30 degrees. Get out of the car he was in without permission. I was nervous when he was cuffed behind his back to test his strength against Janes’ strength.

Glendening called on the jury to pay special attention to the testimony given by Sgt on Wednesday during closing arguments on Thursday. Ruben Salamanka, Assistant Director of Topika Police Academy.

He said Salamanka testified that the actions taken by Janes were consistent with the actions taken by rational police officers.

Glendening emphasized that Harris’s lawyer did not provide an alternative version of what was considered reasonable police action in the circumstances involved.

At the jury’s instructions, officers were able to make “honest mistakes.”

The instructions given to the jury on Thursday morning called for consideration of “whether rational officers in the field used that much force under similar circumstances without the benefit of wisdom.” ..

He said these instructions give officers the freedom to make “honest mistakes” regarding the amount of force required.

“Police officers can act reasonably without using the minimum amount of force required, as long as the amount of force used is not excessive,” the instructions said. “And if an officer reasonably and falsely believes that the suspect is likely to fight back, the officer will be justified by using more force than is actually needed.”

Timothy Harris said he was afraid he might die

Harris testified on Wednesday that a mixture of blood and pepper spray in his mouth couldn’t breathe after Janes hit him and sprayed him with pepper.

He said he was begging for his life, fearing he would die.

Harris then said he endured intolerable pain as his jaws were wire-closed and he had to live in chicken and beef soup for two months. Harris now has a metal plate on his face, the jury trial said.

Numbness from the injury still drools him and affects how he eats, Harris said.

Harris initially sued both Janes and Topeka city governments, claiming that police training and supervision policies were the driving force behind the infringement of his constitutional rights.

The city subsequently dismissed counts against the city, but the city continued to support the defense of Janes, now a K-9 officer of the Topika Police Department.

The three and five juries who heard the incident looked pure white.That member they said I had never heard of the incident before..

The jury finished hearing the testimony early Wednesday afternoonAfter Harris’s lawyer gave out two witnesses and Janes’s lawyer gave out three witnesses.

Harris and Janes each spent about two hours at the witness stand.

National debate on police reform discussed in closing remarks

Both lawyers during closing arguments referred to the ongoing national debate on police reform.

Odin said that if Janes’s actions were an example of what was happening on the national stage, “it should be called it.”

Mr Glendening objected that this week’s trial was not a suitable forum to take into account the national police reform debate.

“It’s unfair to throw it in the head of Officer Janes,” he said.

You can contact Tim Hrenchir at [email protected] or 785-213-5934.

This article was originally published in Topeka Capital-Journal: Timothy Harris has to pay for Chris Janes, the police officer he sued

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