Ind. congressional candidate sues over arrest
An Indiana congressional candidate is suing the police officer who accused him of assault during a traffic stop last month.
Russell Brooksbank, a Libertarian running for the 9th Congressional District seat, alleges in a federal lawsuit that Kentucky State Police Trooper Dewayne Koch violated his constitutional rights during the stop.
Brooksbank is seeking more than $75,000 in damages, claiming he was the target of false arrest, battery and malicious prosecution.
Kentucky State Police spokesman Michael Webb said Tuesday that he had not been made aware of any lawsuit filed against Koch, and he did not respond immediately to comment when the suit was filed later.
Claims made in a lawsuit represent only one side of a case.
The suit says Koch falsely alleged in court filings that Brooksbank had given an improper signal by using his middle finger, assaulted him and obstructed or interfered with his work after the stop.
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Jefferson County District Court Judge Anne Haynie cleared Brooksbank of charges of assaulting a police officer, which is a felony, about two weeks ago. On Monday, a judge also dismissed misdemeanor charges of improper signaling and interfering with an officer against Brooksbank.
According to the lawsuit, Brooksbank, a mechanic for Advance Ready Mix concrete company, saw one of his company's vehicles pulled over at a Thornton's gas station at the intersection of Outer Loop and National Turnpike in Louisville.
He approached the vehicle to see if he could correct any equipment issues with the vehicle, and saw driver Valerie Coleman was upset, the lawsuit says. She told Brooksbank she was stopped for not wearing a seatbelt, which Coleman contested.
Koch gave Coleman the citation, and Coleman said she would take Koch to court and use the vehicle's cameras to prove that she did not break the law, the suit says. In response, Koch told her he wrote the ticket as a safety violation and said, "There is no going to court."
"So you're being an ass about this," Brooksbank responded, the lawsuit says.
Koch told Brooksbank twice to back up because he was interfering with the traffic stop, even though the stop had been completed, the suit reads.
When Brooksbank returned to his car, he turned right onto National Turnpike and was stopped for improperly signaling, Koch's arrest citation said. But the lawsuit states Brooksbank's "ring and pinky finger were circled slightly to prevent his ring from falling off." Koch later testified in court that he didn't see if Brooksbank had his turn signal on and was focused on his hand signal.
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The lawsuit says Koch approached Brooksbank's vehicle and said, "You want to flip me off now?" The arrest citation said Brooksbank refused to give Koch his driver's license, proof of insurance and registration. He told Koch he was going to record their interaction on his phone because Brooksbank "was afraid that Koch was going to physically assault him," the lawsuit says.
Koch then told Brooksbank he could use the video as evidence if he arrests him, the lawsuit says.
As Brooksbank reached for his phone, the lawsuit says, Koch attempted to seize it. Brooksbank pulled the phone away and Koch opened the driver's side door and yanked on Brooksbank's neck and shoulders causing his shirt to rip, according to the suit.
In his arrest report, Koch said Brooksbank attempted to pull him into his vehicle.
Koch arrested Brooksbank and had his car towed. Brooksbank was booked into Louisville Metro Corrections, held without bond and released the next day, court records show. Brooksbank reported shoulder and neck pain to jail officials, the lawsuit says.
Madeleine Winer is the Southern Indiana communities reporter for the Courier-Journal. Contact her at 502-582-4087 or mrwiner@courier-journal.com.