Trial debates police actions


A federal jury is hearing arguments on a man’s claim that Cottage Grove officers violated his civil rights

By Jack Moran

  A federal jury began hearing evidence Monday in a civil rights trial stemming from a man’s claims that he was beaten and wrongfully arrested by Cottage Grove police officers who confronted him while investigating a burglary report.
Charles Duncan, an attorney for Matthew Waggoner, told jurors in U.S. District Court in Eugene that his client is entitled to more than $624,000 in damages to cover medical bills and lost income, and for having his constitutional rights violated by police.
Waggoner claims that police involved in the incident tackled him, causing him to suffer a serious knee injury. He alleges that one of the officers kicked him in that same knee while escorting him to a jail cell.
He spent four days in Cottage Grove’s city jail on charges of disorderly conduct and resisting arrest. The charges were later dismissed, and he was not prosecuted for any crime.
An attorney representing police in the case, meanwhile, said the officers who used force to take Waggoner into custody handled the situation appropriately.
“They did what they were supposed to do,” attorney Robert Wagner told the jury while making an opening statement in the trial.
Wagner said Waggoner was drunk and fought with officers who approached him. Police deny Waggoner’s claims that the officers struck him with a nightstick and used a stun gun while placing him under arrest.
The incident occurred after four officers arrived in the 1000 block of Adams Street on the afternoon of Dec. 15, 2010, to investigate a burglary report. They found Waggoner walking in the area, and confronted him.
Duncan gave the jury the following account to explain why Waggoner was in the area that day: He said Waggoner had stayed overnight at a woman’s home in the neighborhood, and that the pair drank alcohol together in the hours before the woman fell asleep and Waggoner decided to return to his own house.
Waggoner locked the door behind him as he left the woman’s home, but then discovered he had left his cellphone inside. He was trying to find a way back into the house when a neighbor called 911 to report a possible burglary.
“He only wanted his cellphone back,” Duncan told jurors.
Waggoner claims police were immediately aggressive with him and that he didn’t immediately identify them as officers.
But Wagner, the attorney representing police, said it was daylight when the incident occurred, and that Waggoner “was completely uncooperative” and resistant when the officers tried to detain him in order to determine whether he had tried to break into the woman’s home.
Once he was handcuffed and placed in a police vehicle, Waggoner banged his head against a window and kicked at the doors, Wagner said.
The four officers involved in the incident are Tami Howell, Jarrod Butler, Doug Skaggs and David Burgin.
Waggoner initially alleged in his lawsuit that police had refused to provide him medical treatment at the jail, but Duncan told jurors that he would not attempt to prove that claim. Waggoner also had accused an officer at the jail of using a racial slur referring to his Japanese ancestry, but his attorney did not mention that allegation while making his opening statement.
The trial continues today, and is scheduled to wrap up by Thursday.