Three deputies with the Oakland County Sheriff’s Department (OCSD) could breath a sigh of relief Aug. 29 when their final verdict was read.
After only three hours of deliberation, a federal court jury unanimously ruled there was ‘no cause for action? in a Clarkston family’s lawsuit against Sergeant Dorothy Hall, Deputy Lonnie Mullins and Deputy Keith Christy.
The Strutz family, represented by Robert Palmer, claimed their constitutional rights were violated and excessive forced used by the officers who came to their 6200 Pinewood Drive residence during a party on Dec. 31, 2000.
According to an Aug. 29 press release from OCSD, the officers were responding to an anonymous complaint about a loud party with underage drinking. Initially, the Strutzes told the deputies they only had friends and relatives over and the situation was under control. The officers entered the home to check on the welfare of potential underage drinkers after Mr. and Mrs. Strutz closed the door on them, while ignoring requests to talk with their two children, stated the press release.
After the deputies entered the home, a struggle ensued between the officers and the Strutzes. The officers used pepper spray to subdue and handcuff the Strutzes, while one deputy left with a bloody nose, according to the press release.
The Strutzes? attorney Robert Palmer was disappointed with the verdict, while maintaining the Strutzes did not know about or condone the party.
‘My impression is the jury was disappointed with what the Strutzes did to quiet down the party that developed while they weren’t home. The verdict was driven by contemporary society’s problem with teenage drinking and looked the other way on whether the police followed the letter of the law,? said Palmer.
‘I believe clearly the police ignored the bounds of the law, particularly the 4th Amendment and their actions were outrageous.?
Attorney Steve Potter, who defended the deputies, felt the evidence supported the officers.
‘The Strutzes lied to the police and it was objectively reasonable for the police to come in’The issue with the Strutzes came down to credibility. There was enough from the kids to prove what they said (the Strutzes) was not true? The evidence clearly showed the Strutzes knew about the party and condoned it. They said they tried to gather car keys; not a single kid testified that happened,? said Potter.
In a statement from the press release, Oakland County Sheriff Michael Bouchard expressed his feelings over the verdict.
‘We know that our deputies have a tough job, and sadly, they get sued when they are trying to protect young people. In these type of cases, they likely prevent either a serious car accident or perhaps sexual assault. We have seen a number of cases where underage females are sexually assaulted when they have had too much to drink or cause fatal or serious car accidents,? said Bouchard.
Palmer did not rule out an appeal in the future.
‘We do feel the judge involved gave us a fair trial, but when it gets down to a jury final decision, you can’t be sure what will happen. If I was given the same opportunity, I’d try it again tomorrow,? said Palmer.
The press release stated the lawsuit was brought after criminal charges against the Strutzes for resisting and obstructing the deputies were dismissed. The case was assigned to United States District Court and the jury trial lasted from Aug. 16 to Aug. 29.