[Captain Backdoor]

The owner of a local towing service — and the father of two local police officers — has filed a lawsuit in U.S. District Court alleging he was beaten by a Pulaski County Sheriff’s deputy. Late Friday afternoon, documents were filed in London that accuse Pulaski County Sheriff’s Deputy Steve Molen of “misconduct, vicious assault” and a “torturous attack” on Danny Whitaker, 60, of Somerset. Whitaker is the father of Somerset Police Officer Scott Whitaker and Burnside Police Chief Craig Whitaker. The lawsuit, filed by attorney Brandon Storm, of London, alleges that the incident took place early on Oct. 2, 2009 after Whitaker, owner and operator of Whitaker’s Towing, began the trip home after responding to a call of a stranded motorist. The lawsuit states that Whitaker noticed blue lights behind him. Whitaker chose not to pull over on rural Nomans Lane, but instead drove slowly to his home, which the suit claims was within 1,000 feet on Oak Hill Road, before parking. “Being on the rural roadway, which has no street lights and only two homes located thereon, coupled with the darkness of the early morning hours, being so close to his home and national media coverage regarding safety issues surrounding traffic stops in rural areas of our nation, Plaintiff Whitaker decided he would be safer to proceeded to park in his driveway, all the while traveling at an extremely slow speed and periodically applying his brakes to clearly indicate to the officer, following close behind, that he had no intention of fleeing or evading law enforcement,” the complaint stated. The suit continued by stating Whitaker could not hear any siren or “audible directive” demanding that he pull over. “ ... Plaintiff Whitaker reasonably assumed that the law enforcement office following close behind realized, and understood, that he was approaching his driveway and that he had no intent to flee or evade as Plaintiff Whitaker did not hear any siren or audible directives to stop,” the complaint stated. Whitaker parked in his driveway, according to the complaint, and exited his vehicle, “never attempting to flee or evade the encounter with Defendant Molen.” The suit also accused Molen of deliberately parking his cruiser in such a way to ensure the incident would not be caught on the vehicle’s dashboard-mounted camera. The lawsuit alleges Molen exited his vehicle and “sprinted” toward Whitaker while “cursing profanities at Plaintiff Whitaker, calling him by name, and punching him in the head, face and jaw.” That caused Whitaker to fall to the ground, according to the complaint. It was then that Molen carried out several actions, according to the complaint, including “kicking Plaintiff Whitaker repeatedly in his ribs and side, while Defendant Molen continued to shout obscenities at him.” The complaint stated Whitaker’s wife heard the incident and exited their home to “ ... witness her husband face down on the ground while Defendant Molen was violently bending her husband’s right arm up behind his back, all the while listening to Defendant Molen scream obscenities at her husband.” The complaint also alleges Molen repeatedly kicked Whitaker in the ribs and side after he was handcuffed. Molen also allegedly squeezed Whitaker’s handcuffs significantly, causing cuts and other injuries to his wrists. The lawsuit emphasizes that Whitaker allegedly offered no resistance during the incident. “Plaintiff Whitaker was in fear for his life and he screamed out to his wife to ‘call the boys, he’s trying to kill me!’” the lawsuit stated. According to the lawsuit, several other responders, including Somerset Police officers and additional sheriff’s deputies, were called to the scene. “Plaintiff Whitaker, a (then) 59-year-old gentleman with no criminal history, was charged with speeding, fleeing or evading police, menacing and resisting arrest,” the lawsuit stated. A citation obtained by the Commonwealth Journal confirms those charges, and a description of the situation by Molen claims he “clocked” Whitaker driving 70 mph in a 55 mph zone on Ky. 914. Molen then observed Whitaker until the two turned onto Nomans Lane, which is when he claims he turned a siren and lights on to attempt to stop Whitaker. Molen claims in the citation that Whitaker ran a stop sign before turning into his driveway, and he also claims he parked in a way as to block Whitaker’s door with his police cruiser. “(Whitaker) jumped out of the vehicle,” stated the citation. “I stated to the above to stop when he saw blue lights. Above stated that he didn’t have to do a **** thing I told him. “I stated ‘yes you do,’” the citation continued. “(Whitaker) continued to be aggressive towards me verbally and in a physical posture. I told (Whitaker) turn around he was under arrest and the above pulled away from me, reaching into his back pocket, at this point I thought he was reaching for a weapon.” Molen continues in the citation by claiming he was forced to subdue Whitaker, and that the other man was fighting back. “I struck (Whitaker) one time to the top of the head and pushed him in the gravel,” the citation states. “It was later determined that (Whitaker) was reaching for a cell phone. (Whitaker) continued resisting and I had to force the handcuffs on him. “(Whitaker) stated that I was through in law enforcement,” Molen wrote in the citation. “He would make sure of it.” The Commonwealth Journal was unable to determine whether Whitaker’s criminal charges have been resolved. Whitaker’s complaint alleges that Molen has a “pattern and/or practice of utilizing excessive force against individuals and typically charges them with resisting arrest or similar type charges. “Plaintiff Whitaker was brutally assaulted and sustained numerous blows to his head, face and jaw, as well as several kicks to his ribs and side ...,” the suit continued. According to the complaint, Whitaker allegedly suffered from “hand, wrist, and shoulder pain; hand and wrist cuts, contusions, swelling and lacerations; rib and abdomen pain, contusions and swelling; facial pain, swelling, contusions, lacerations; and oral pain, swelling, contusion and lacerations.” The complaint alleges that Molen carried out unlawful arrest, excessive force, assault and battery and cruel and unusual punishment on Whitaker. The lawsuit also names Pulaski County Sheriff Todd Wood and Pulaski County Fiscal Court, including Pulaski County Judge-executive Barty Bullock as defendants in the case, stating that “Defendant Wood, Defendant Bullock and Defendant Fiscal Court were aware of Defendant Molen’s repeated use of excessive force prior to October 2, 2009.” The suit continues by stating they were aware of the alleged misconduct as early as 2007. The complaint claims that Bullock, Todd and fiscal court carried out negligent hiring retention and supervision practices. “By negligently hiring, retaining, and failing to supervise Defendant Molen, Defendant Wood, Defendant Bullock and Defendant Fiscal Court have individually and/or in a conspiracy with one another, participated or acquiesced in, contributed to, encouraged, implicitly authorized or approved the conduct described herein under color of state law in violation of the Fourth, Fifth, and Fourteenth Amendments ...,” the lawsuit stated. The complaint also alleges that Wood, Bullock and fiscal court deprived Whitaker of his substantive due process rights and equal protection rights. Wood and Pulaski County Magistrate Kenny Isaccs, Bullock’s opponent in the county judge’s race, both said last night they were not aware the lawsuit had been filed. “Obviosuly if there’s pending litigation, we’ll let (Pulaski County Attorney Bill Thompson) make the appropriate response,” Wood said. Isaccs also said he would reserve comment until Thompson had reviewed the lawsuit. A phone call placed to Bullock was not returned as of press time Friday. The CJ was also unable to contact Thompson. “Plaintiff Whitaker has experienced wanton and unnecessary physical and mental pain and suffering, past and future medical and hospital expenses, past and future wage loss, loss of enjoyment of life, lost wages, and future impairment of his ability to work and earn money, all as a result of Defendants’ conduct, and for which he is entitled to recover damages in excess of the jurisdictional limits of this Court,” the complaint stated. Whitaker is asking for a trial by jury and actual and punitive damages. Whitaker stated to the CJ Friday evening that he had been instructed by his attorney, Storm, not to speak with the media. A phone call placed to Storm’s office after hours and an e-mail were not returned.

http://somerset-kentucky.com/local/x1800...rs-lawsuit

[Hoot Gibson]

This sounds like a he said/he said case to me, but I am inclined to believe the man who was beaten. If he was only 1,000 feet from home and there was not a safe place to pull onto the shoulder until he made it to his house, then I think he did the right thing. But I find it easy to believe that the officer was angry that he did not pull over sooner and that the alleged victim may have smarted off to him in response. If that was the case, then as the father of two policemen, he should have known better.

I don't know whether state law covers it or not, but drivers should be allowed some latitude when deciding where to pull over during a traffic stop. In eastern Kentucky, there are some pretty long stretches of highway where there is simply no place to safely get off of the road - and it is never safe to stop on the road itself. The only reasonable thing to do is to slow down a little (even if you are not speeding), turn on your right hand signal to communicate that you intend to comply with the officer, and pull over in the first safe place. The officer should back off a little and have some patience.

Which reminds me of something else. How many other people have had police officers ride their bumper late at night? It has happened to me more than once when I was not violating any traffic law and it is a dangerous abuse of authority, IMO.

[Captain Backdoor]

Well Hoot, I happen to know both parties involved. Whitaker does a lot of towing for the county such as wrecks or things of that nature. I live about 2 miles from him and there was not anywhere for him to pull off at all. He lives on one of the busiest highways in Pulaski County. Molen has just been put back on nights as he had another confrontation like this one before and Sherriff Wood placed him on 1st shift. Whitaker is a straight guy I just can't phatom that he would actually smart off to a deputy sherriff as both his sons are in law enforcment.

[Hoot Gibson]

Well Hoot, I happen to know both parties involved. Whitaker does a lot of towing for the county such as wrecks or things of that nature. I live about 2 miles from him and there was not anywhere for him to pull off at all. He lives on one of the busiest highways in Pulaski County. Molen has just been put back on nights as he had another confrontation like this one before and Sherriff Wood placed him on 1st shift. Whitaker is a straight guy I just can't phatom that he would actually smart off to a deputy sherriff as both his sons are in law enforcment.

Not knowing either party, I suspected as much. I am sure that having raised two sons who made law enforcement their careers, he knows what irritates them and it would make know sense for somebody in his line of work to intentionally provoke an officer of the law.

[Captain Backdoor]

I think Molen is going to be in a lot of trouble over this and he should be. Todd Wood gave him a badge and a gun and the power went to his head. I know this is not the first time this has happened to this officer. He has a history of abusing his suspects. And I can tell you this suspect did not deserve this.

[Captain Backdoor]

If you click on the link Whitakers mug shot is in the article and you can see a laceration to his face.

[Hoot Gibson]

If you click on the link Whitakers mug shot is in the article and you can see a laceration to his face.

That is a nasty looking cut. Hopefully, justice will be served in this case.

[Captain Backdoor]

I think Molen just wrote a check that his @$$ isn't going to be able to cover.

[vundy33]

Fat ***...I hate people like that. They think because they're in a position of authority, they can't be touched when it comes to **** like this.

This idiot is what makes all cops look bad, when in reality, most of them are good, honest people.

[Captain Backdoor]

I know several cops around Somerset and surrounding areas and your right most are good honest people. But this one is the pervebial bad apple.