AP NEWS

Judge dismisses Missouri man’s excessive force lawsuit

February 21, 2019

MARSHALL, Mo. (AP) — A judge has tossed out a lawsuit alleging that several central Missouri police officers used excessive force when they arrested a man in 2016 at a Sonic Drive-In.

The Columbia Daily Tribune reports that the issue was that 66-year-old Harlan Fletcher Jr. declined to say in depositions whether he used or possessed drugs on the day Marshall police arrested him because his attorney advised him to invoke his right against self-incrimination. U.S. District Judge David Kays ruled that he couldn’t prosecute his claims unless he did answer, because the questions were relevant to his claims.

Fletcher’s arrest led to drug possession charges. But they were dropped after a county judge suppressed evidence gathered during the arrest, saying the officers didn’t have probable cause to arrest Fletcher or search his truck.

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Information from: Columbia Daily Tribune, http://www.columbiatribune.com