A man who claims he was pepper-sprayed and arrested on accusations of drunken driving by a Portland police officer after she spotted him vomiting in the doorway of his parked car is suing the officer for $20,275.
Ryan Sumpter claims that officer Kristin Watt didn't have probable cause to arrest him and used excessive force after she spotted him about 2 a.m. on May 2, 2011, sitting in the open driver's side doorway of his parents' car. Sumpter, a California resident, had been out at a bar with friends, felt sick and vomited on the street just as Watt drove by in her patrol car, according to the suit filed this week in Multnomah County Circuit Court.
The suit claims Sumpter had decided to sleep in his car until he felt better, and that Watt told him he needed to call a cab to go home. When it became clear that Sumpter wouldn't call a cab, Watt pepper-sprayed the interior of the car -- causing Sumpter to gag and cough and leave his car, according to the suit filed by Portland attorney Benjamin Haile.
Watt handcuffed Sumpter and he spent two nights in jail. The district attorney's office declined to charge him Sumpter with driving under the influence of intoxicants because of lack of evidence, the suit states. Sumpter was charged with unlawful possession of a firearm because the officer found a weapon in his glove box, but a judge later dismissed that charge. Sumpter also was charged with interfering with a police officer, but a jury later acquitted him.
The suit seeks $20,000 for pain, suffering, humiliation and upset. It also seeks $275 for the cost of an alcohol-detection bracelet he was required to wear after his release from jail.
The city attorney's office declined to comment because of the pending litigation.
Source- Oregonlive.com
The suit claims Sumpter had decided to sleep in his car until he felt better, and that Watt told him he needed to call a cab to go home. When it became clear that Sumpter wouldn't call a cab, Watt pepper-sprayed the interior of the car -- causing Sumpter to gag and cough and leave his car, according to the suit filed by Portland attorney Benjamin Haile.
Watt handcuffed Sumpter and he spent two nights in jail. The district attorney's office declined to charge him Sumpter with driving under the influence of intoxicants because of lack of evidence, the suit states. Sumpter was charged with unlawful possession of a firearm because the officer found a weapon in his glove box, but a judge later dismissed that charge. Sumpter also was charged with interfering with a police officer, but a jury later acquitted him.
The suit seeks $20,000 for pain, suffering, humiliation and upset. It also seeks $275 for the cost of an alcohol-detection bracelet he was required to wear after his release from jail.
The city attorney's office declined to comment because of the pending litigation.
Source- Oregonlive.com