Judge Says Boot Car Kicking Suit Against Fayetteville Cop

Sims
Sims

FAYETTEVILLE -- A federal magistrate judge is recommending tossing a lawsuit filed by a man who dragged a Fayetteville police officer down Dickson Street with his car then sued claiming the cop damaged his car.

Officer Tim Shepard spotted Melvin Sims, 23, of 6376 Copper Ridge Lane playing loud music in a black Oldsmobile Cutlass Supreme at 2:18 a.m. at Dickson Street and West Avenue on Sept. 28, 2013, according to an arrest report. The area was packed with people celebrating after a Razorback football game.

Shepard said he knew Sims had a suspended license and ordered him to stop. Sims continued driving west, and Shepard chased him on foot.

Shepard reached into the passenger door to try to stop the car. Sims continued to drive, carrying Shepard off the ground for more than 130 feet, according to the report. The car's passenger, Leon Rucker, 24, of 872 Larkspur Lane pushed Shepard off the vehicle and the pair fled, police said.

Shepard injured his knees and his pants and duty belt were torn and scuffed from the fall.

Sims was arrested in connection with felony second-degree battery, fleeing, first-degree false imprisonment, driving on a suspended or revoked license, misdemeanor reckless driving, second-degree criminal mischief, disregarding a police officer and violating the city's noise ordinance. Sims pleaded guilty in May to battery, fleeing and terroristic threatening and was sentenced to six years at the Arkansas Department of Correction with four years suspended.

Sims then sued Shepard, claiming Shepard kicked his car during the incident and damaged it. Sims wasn't represented by a lawyer in the civil action.

Sims asked all charges be dropped and he receive punitive damages for his pain and suffering.

Magistrate Erin Setser said she believes Shepard's kicking the vehicle was reasonable in light of the fact he believed Sims was intoxicated when he attempted to stop him; that Sims was playing his stereo too loud; and, that Sims failed to stop the car when Shepard told him to.

Fayetteville City Attorney Kit Williams defended Shepard in the case after the city's insurance company declined to provide coverage. Williams said the city saved several thousand dollars in attorney fees by using his office.

U.S. District Court Judge Tim Brooks will decide whether to follow the magistrate's recommendation.

NW News on 12/19/2014

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