Clowers suit booted for failure to state a valid claim

In this file photo Tom Clowers stands beside his constable care in January 2011.
In this file photo Tom Clowers stands beside his constable care in January 2011.

FAYETTEVILLE -- A federal judge dismissed a lawsuit Thursday filed by a former Washington County constable against 16 law enforcement officers, judges and prosecutors because it failed to state a claim.

Tom Clowers of Springdale contended he was arrested Jan. 25, 2013, after someone told police Clowers stopped him using blue lights attached to his car. Clowers, who was representing himself, contended the arrest was bogus and defamed him.

Clowers was arrested after the Benton County Sheriff's Office received a complaint from Chris Snider, who said he was stopped Jan. 18, 2013, and became concerned the person wasn't a law enforcement officer, according to county court documents. Snider claimed the person who stopped him had emergency lights on his vehicle and wore a jacket with a sewn-on badge. The person left the scene when he asked for his identification, according to an affidavit.

Clowers admitted in an October 2013 plea bargain he had emergency lights on his vehicle, but denied he pulled anyone over in a traffic stop earlier that year. Prosecutors dropped a felony charge of first-degree criminal impersonation. Clowers pleaded guilty to a misdemeanor and was fined $920.

Clowers claimed in the federal lawsuit he accepted the guilty plea to put the matter behind him and the case was later expunged.

In addition to former Benton County Sheriff Kelley Cradduck, the lawsuit named Jason Wood, Charles "Chuck" Snider, Chris Snider, Capt. Chris Sparks, Capt. Lynn Hahn and Capt. Andy Lee III of the Benton County Sheriff's Office; Doug Vanscoy, a civil process server; Benton County Prosecutor Nathan Smith and Deputy Prosecutor Stephanie McLemore; Rogers District Judge Paul Bridges; Springdale District Judge Jeff Harper; former Springdale Police Chief Kathy O'Kelly, Springdale Police Chief Mike Peters and patrolmen D. Treat and R. Stewart.

Federal Judge P.K. Holmes presided over the federal case.

NW News on 10/07/2016

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