slamdunc
06-29-2007, 04:29 AM
Federal jury clears Harrisburg police officer in civil action
By Eric Fodor
Staff Writer
Published: Tuesday, June 26, 2007 3:48 PM CDT
E-mail this story | Print this page
BENTON - A jury found a Harrisburg Police officer innocent of civil complaints of false arrest and malicious prosecution last week in Benton Federal Court.
A second defendant, Thomas Perkins, had the case against him thrown out by a judge before it even reached a jury.
The plaintiff, John Padgett, said he mistook Harrisburg officer Michael Riden for another officer and is glad, in a way, the case turned out as it did, "because it could have been a stigma on (Riden)."
Padgett filed the lawsuit on behalf of his son, the late John D. Padgett II, who Padgett contended was arrested falsely and maliciously by Riden, who worked in a conspiracy with Perkins.
A jury of seven determined Riden did not maliciously prosecute the late John D. Padgett II after an altercation between Padgett and Perkins in 2002. Padgett II was arrested after officers Riden and Todd Cavender arrived on the scene of the April 26, 2002
altercation in front of what is now the Arts Centre.
After the plaintiff's attorneys rested their case, Judge Phil Gilbert ruled there was not enough evidence against Perkins to take to a jury. The jury deliberated about one hour and 15 minutes on June 20 before delivering a verdict in favor of Riden.
Though arrested after the fight with Perkins, Padgett II was acquitted of charges of aggravated battery and criminal damage to property in connection with the case after a two-day jury trial on Oct. 1 and Oct. 2, 2002 in Saline County Circuit Court. However, the jury in federal court did not find the arrest and subsequent acquittal amounted to false arrest or malicious prosecution.
Padgett II's father, John Padgett, said his son became increasingly depressed during and after the criminal prosecution over the loss of a business opportunity. Padgett II was last seen alive 2 a.m. Dec. 26, 2002 in King County, Wash., at the home of Keri Domingo, the father of his child, Padgett said. His remains were found April 24, 2006.
Family members found an empty sleeping-pill bottle outside Domingo's residence and presumed Padgett II swallowed the pills and went off to die, according to court documents. Padgett is sure his son committed suicide, he said.
Padgett sued Riden and Perkins on behalf of his son's estate.
The city of Harrisburg was not named as a co-defendant in the lawsuit, which Padgett now believes might have been a mistake. The city was not sued because the plaintiff had no reason to believe the city was responsible or liable when the case was filed, Richard Feder, an attorney for Padgett along with Richard Whitney, said in May 2006.
"You can't hold the boss responsible for the misdeeds of the underling," Feder said.
By Eric Fodor
Staff Writer
Published: Tuesday, June 26, 2007 3:48 PM CDT
E-mail this story | Print this page
BENTON - A jury found a Harrisburg Police officer innocent of civil complaints of false arrest and malicious prosecution last week in Benton Federal Court.
A second defendant, Thomas Perkins, had the case against him thrown out by a judge before it even reached a jury.
The plaintiff, John Padgett, said he mistook Harrisburg officer Michael Riden for another officer and is glad, in a way, the case turned out as it did, "because it could have been a stigma on (Riden)."
Padgett filed the lawsuit on behalf of his son, the late John D. Padgett II, who Padgett contended was arrested falsely and maliciously by Riden, who worked in a conspiracy with Perkins.
A jury of seven determined Riden did not maliciously prosecute the late John D. Padgett II after an altercation between Padgett and Perkins in 2002. Padgett II was arrested after officers Riden and Todd Cavender arrived on the scene of the April 26, 2002
altercation in front of what is now the Arts Centre.
After the plaintiff's attorneys rested their case, Judge Phil Gilbert ruled there was not enough evidence against Perkins to take to a jury. The jury deliberated about one hour and 15 minutes on June 20 before delivering a verdict in favor of Riden.
Though arrested after the fight with Perkins, Padgett II was acquitted of charges of aggravated battery and criminal damage to property in connection with the case after a two-day jury trial on Oct. 1 and Oct. 2, 2002 in Saline County Circuit Court. However, the jury in federal court did not find the arrest and subsequent acquittal amounted to false arrest or malicious prosecution.
Padgett II's father, John Padgett, said his son became increasingly depressed during and after the criminal prosecution over the loss of a business opportunity. Padgett II was last seen alive 2 a.m. Dec. 26, 2002 in King County, Wash., at the home of Keri Domingo, the father of his child, Padgett said. His remains were found April 24, 2006.
Family members found an empty sleeping-pill bottle outside Domingo's residence and presumed Padgett II swallowed the pills and went off to die, according to court documents. Padgett is sure his son committed suicide, he said.
Padgett sued Riden and Perkins on behalf of his son's estate.
The city of Harrisburg was not named as a co-defendant in the lawsuit, which Padgett now believes might have been a mistake. The city was not sued because the plaintiff had no reason to believe the city was responsible or liable when the case was filed, Richard Feder, an attorney for Padgett along with Richard Whitney, said in May 2006.
"You can't hold the boss responsible for the misdeeds of the underling," Feder said.