Lawsuit against Leelanau deputies tossed

BY ART BUKOWSKI
abukowski@record-eagle.com

July 22, 2008 12:00 am

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SUTTONS BAY -- A federal judge threw out a lawsuit against two Leelanau County sheriff's deputies accused of assaulting an Elmwood Township man.

U.S. District Judge Robert Holmes Bell dismissed a suit filed against deputies James O'Rourke and Duane Wright. The suit was filed in January 2007 by Charles Hameline, who alleged the deputies pulled him from his home and used excessive force while arresting him for drunken driving.

Bell's June 30 ruling said Hameline "failed to comply with repeated commands from (police)" and called the deputies' use of force "objectively reasonable."

"The force used by defendants during the initial encounter in the house and then in placing plaintiff in the patrol car was only that which was necessary to place defendant under arrest and then to place him in the patrol car," Bell wrote.

Bell also rejected Hameline's allegations that deputies falsely arrested him, inflicted emotional distress and wrongfully entered his house. The deputies went to the Blue Ridge Lane home after Hameline left his truck in a ditch and walked home.

County officials are pleased with the outcome. The county board previously rejected a $25,000 settlement in the case recommended by mediators. Board chairman Bob Hawley said it would have been "indefensible" to settle the suit based on the circumstances.

"It's a shame because from my perspective, the law enforcement folks that were involved were really put through the ringer on this, and they were doing their jobs," Hawley said, adding that the suit still cost the county.

(It) not only takes up time and energy, but it costs taxpayers money to defend people that shouldn't have to be defended in the first place," he said.

Hameline, a Michigan State University student, previously said he wouldn't comment on the lawsuit. A drunken driving charge was dismissed after the incident with the deputies, court officials said.

Wright is still on duty. O'Rourke retired in January after 30 years with the department.