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Monday, July 4, 2011

Family sues city over son's arrest

Family sues city over son's arrest

DAYTON — A mother and her mentally challenged son are suing the city and two police officers, claiming they assaulted the boy after mistaking his speech impediment for disrespect.

The initial police incident report and a 22-page use-of-force report tell a different story of police officers struggling not only with the son, but his mother and a family friend.

The suit seeks a minimum of $250,000 in compensation, plus damages and legal fees.

John Danish, city attorney, said the city does not comment on pending litigation.

The lawsuit, filed June 24 by Pamela Ford and Jesse Kersey, claims that Officer Willie Hooper knew Kersey was mentally handicapped and a minor when he encountered the boy on June 25, 2010, at Andrews Street and St. Paul Avenue.

The 17-year-old was riding his bicycle when Hooper tried to talk with him. But Hooper became angry and started yelling at Kersey, so the boy rode his bike home so he could ask his mother to communicate with Hooper for him, the lawsuit states.

Hooper chased the boy back to his home, where he met with Officer John Howard. At one point, a neighbor tried to tell Hooper about Kersey’s disabilities, but was told to go back into his home or he would be arrested, the lawsuit states.

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