A Covington police officer, who officials say specializes in drunk driving arrests, is facing his fifth federal lawsuit, this time over allegations that he used excessive force while arresting a Cincinnati man during a traffic stop.
Damien Conner, 38, is suing the city of Covington and Officer Doug Ullrich on claims including excessive use of force, battery, assault, negligence and intentional infliction of emotional distress.
Conner is seeking a jury trial in federal court in Covington, as well as damages and attorney’s fees.
Officer arrested Cincinnati man for defying police commands, car that ‘stinks like weed’
According to the lawsuit, Conner was headed to work on Interstate 75 on the evening of Sept. 23 when Ullrich pulled him over for using a phone while driving.
After running the man’s information, which the lawsuit says Conner gave willingly, Ullrich returned to the stopped car and asked Conner whether he carried a gun.
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When Conner declined to answer the officer’s questions, Ullrich ordered him to remove his seatbelt and exit the vehicle, body camera footage of the incident shows.
“I don’t want to have to rip you out of the car and take you to jail,” Ullrich said.
Conner tried to keep his door shut after officers attempted to open it, and Ullrich placed Conner in handcuffs while the man was still seated. Ullrich and another officer then tried to pull Conner through the driver’s side window while Conner was seatbelted in.
Conner pleaded with the officers to open the car door, saying that he was being hurt by the officers’ attempts to pull him through the window.
“Why are you doing this to me?” Conner asked. The officers then opened Conner’s door and cut his seatbelt to remove him from the vehicle.
While escorting Conner to a police cruiser, Ullrich said that Conner was being arrested for refusing to exit his car and because the man’s vehicle “stinks like weed.” Conner denied smoking marijuana, saying his job at the railroad wouldn’t allow it.
The lawsuit states, “there was no finding of fact that (Conner) possessed marijuana.” The officers did find a handgun inside a small green bag in the car, but Conner was not slapped with any firearm-related charges.
In the body camera video, Ullrich told another officer he became concerned once Conner refused to answer questions about carrying a gun.
Conner was charged in Kenton County District Court with resisting arrest, obstructing an emergency responder and using a phone while driving. He was also charged with keeping an antibiotic pill outside its proper container.
Court records show the charges were dismissed after Conner completed a judicial diversion program.
“What began as a routine traffic stop for allegedly using a mobile device while driving quickly escalated into an ordeal of unnecessary violence and misconduct,” Jamir Davis, Conner’s attorney, said in a statement. “Damien Conner, a Black man and a law-abiding citizen, was pulled over on his way to work. He complied with every request – providing his license, registration, and insurance – yet was met with hostility and unwarranted aggression.”
Covington: Officer’s actions during traffic stop were ‘lawful’
In a statement, the city of Covington said Conner was lawfully ordered multiple times to exit his vehicle after refusing to answer questions about whether he was carrying a firearm.
“The City is committed to defending its officers who engage in lawful actions,” the statement reads. “In this case, the legal precedent established by the United States Supreme Court nearly 50 years ago is clear: Law enforcement officers have the right to order individuals to exit their vehicles in the interest of officer safety.”
Court records show Conner’s case has been assigned to U.S. District Judge Danny Reeves, however, it remains unclear when the first hearing will take place.
‘DUI cop’ has prior lawsuits
During the closing arguments of an unrelated trial in early April, Kenton County Commonwealth’s Attorney Rob Sanders described Ullrich as the department’s “DUI cop,” or the go-to officer for intoxicated driving incidents.
Ullrich has been sued in federal court five times since June 2021, though the officer has not been found liable for any alleged conduct to date, court records show. The lawsuits each stemmed from Ullrich’s involvement in traffic stops.
Davis, the attorney representing Conner, also represented another of the people who sued Ullrich. That lawsuit was dismissed by U.S. District Judge David Bunning, who awarded attorney’s fees to the city because several of the lawsuit’s claims were frivolous.
Bunning even ordered that Davis be partially on the hook for attorney’s fees after finding Davis’ failure to concede a claim, despite conclusive proof refuting specific allegations, was “vexatious conduct and needlessly increased the costs of litigation.”
The judge also sanctioned Davis for pursuing a “baseless and frivolous” claim that officers violated his client’s constitutional rights in asking for his identification during a traffic stop and for refusing to offer evidence for a racial discrimination allegation against Covington police.
“I’ve never been sanctioned before,” Davis said, adding that he plans to appeal the court’s ruling against him. He also said officials aligned with the department are using the sanctions to try to discredit him and his clients.
He said the judge presiding over the earlier civil case did not understand the arguments he presented and described the situation as “very, very unfortunate.” Court records show Davis’ client is seeking an appeal of Bunning’s judgment dismissing the claims.
This article originally appeared on Cincinnati Enquirer: Covington defends ‘DUI cop’ facing 5th lawsuit over traffic stop
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