UNITED STATES COURT OF APPEALS AFFIRMS DECISION AGAINST DAYTON POLICE OFFICER
Roy Denton, a former Rhea County Constable filed a lawsuit in a United States federal court September, 2007. The lawsuit was filed against Steve Rievley, a Dayton City Police officer. Denton filed the complaint, pro se, chosing to represent himself instead of retaining an attorney. Denton while at a scheduling conference with Chief Judge Curtis Collier was instructed by the federal judge that Denton would be held "to the same strict standards as an attorney".
Denton said he told Chief Judge Collier that so long as we all played the game on a level playing field and we all followed the rules that he felt confident to act as his own attorney.
After a series of legal pleadings filed, Rievley's attorney Ronald D. Wells of the Chattanooga based law firm of Robinson, Smith and Wells, filed a Motion for Summary judgement. Denton responded to the motion arguing various points of law. on November 12, 2008 Chief Judge Collier of the U.S. District Court in Chattanooga made a decision and issued an opinion and memorandum GRANTING in part and DENYING in part Denton's complaint.
The court denied Denton's claims of false arrest, excessive force and assult but granted Denton's Fourth Amendment claims of Rievley arresting Denton inside his home without a warrant and Rievley's warrantless entry and search of his home. Denton said that he achieved a great victory in being able to understand and use a legal system to bring a police officer's unconstitution conduct to justice.
However, Rievley's attorney didn't feel so happy about the loss. Rievley's attorney filed an appeal to the United States Court of Appeals for the 6th Circuit. Rievley filed his appellant Brief and Denton filed his appellee Brief. On November 13, 2009, the U.S. Court of Appeals AFFIRMED Chief Judge Collier's decision and sent the mandate back to the district court.
Denton said he is very pleased with the outcome and he now looks forward to the next step in going to trial and present his case to a jury if settlement isn't possible. Denton said that money never was the issue because had it been for money he would have named the Police Chief Chris Sneed as well as the City of Dayton on the lawsuit. Instead Denton filed the lawsuit against Steve Rievley in his Individual capacity only.
Denton went on to say that police are adapting to enforcing law in systematic ways without understanding that their actions can cause serious consequences. Steve Rievley came to my home when he was never called there, he came without a warrant, he arrested me inside my home without a warrant, then went back inside my home to arrest a guest and even searched and removed items from my home that he has yet to say what all he took. That is outragious conduct and the Dayton City council appears to think that this type of unlawful conduct isn't a problem. Denton said his arrest was almost one month to the day of his personal presentation of a variety of complaints against the Dayton Police department at the August 2008 meeting.
To me, I don't understand why they are even paying to have Rievley represented. The truth has been Denton's invisible attorney and so far the truth has served him well Denton said. As for presenting his case to a jury Denton said he has four years expierence prosecuting cases before judges and juries and never lost a case yet.
THIS ENTIRE LAWSUIT AS FILED UNDER DOCKET # 1:07-CV-211
AND THE PLEADINGS CAN BE SEEN AT:
ROY L. DENTON v STEVE RIEVLEY, INDIVIDUALLY
Source: TennesseeGadfly.com
