PROVO -- When an man dropped
a bracelet on the floor of the Orem police station, police officer Dennis
Nelson grabbed him, threw him to the floor and kneeled on his back.
The incident led to Nelson's
firing from the Orem Department of Public Safety, and Thursday the Utah Court
of Appeals upheld the dismissal. The court's decision was a response to
Nelson's allegations that he shouldn't have been charged with excessive force
and that his firing was inconsistent with prior sanctions against other
employees. The court rejected those arguments.
According to court documents,
the incident began in September 2009 when the Utah Valley Major Crimes Task
Force arrested Brandon Fox for interfering with officers. Nelson was called to
transport Fox and took him to the police station.
While at the station, the
documents state, Nelson ordered Fox to remove a bracelet. Fox did so, but
dropped it on the floor and said, "it's all yours." The documents
reveal, however, that Fox made no threatening movements and wasn't
"squaring up" for a fight.
Nelson threw Fox to the floor
anyway, the documents go on to state, then held him in a "control
hold." Fox suffered a cut to his head and had trouble breathing while
pinned down. Nelson was fired less than two months later after a review found
that he had used excessive force.
Nelson appealed the decision
on the grounds that his termination was a disproportionate penalty for his
actions and inconsistent with prior cases. Nelson specifically cited a case
involving another officer who was merely suspended for two weeks after using excessive
force during two incidents involving juveniles. A review board originally
concluded, however, that the other officer's actions were less egregious, if
still inappropriate.
The court of appeals
ultimately "declined to disturb" the decision of the Orem City Police
Department and the review board because Nelson failed to demonstrate that his
behavior was less egregious than that in the previous case he cited.
"The board's decision to
uphold the OCPD's termination of Nelson's employment did not exceed the bounds
of reasonableness and rationality," the documents add.
Nelson's attorney, Phillip
Dyer, said he was disappointed with the ruling. Dyer explained that Nelson, who
now is living out of state, had hoped to be reinstated with back pay. Dyer
added that he now has the option to take the case to the Utah Supreme Court,
but that he hasn't had time yet to review the ruling and determine a course of
action.
Attorneys representing Orem
and the Orem Department of Public Safety could not be reached Thursday afternoon.