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Towing firm workers file notice of lawsuit, claiming false arrest

They say they were detained after refusing to release undercover cars

Employees of a Salem towing company have filed notice of their plan to sue four government agencies after they claim police falsely arrested them when they refused to release undercover police cars to Salem and Keizer officers.

A tort claim — a public document explaining a party’s intent to sue — outlines the incident in which Timothy Hall and Bradley Kelley, both employees of Bales and Brady West, LLC were arrested.

On Jan. 27, according to the tort claim, officers from Salem and Keizer police departments drove unmarked vehicles registered to fictitious names to an apartment complex in the 3900 block of Hayesville Drive NE.

Officers parked the vehicles in a grass and gravel area between the apartment building and an adjacent building, a spot they determined was the only safe place to park. The document claims the lot is clearly marked with one or more signs from the towing company that warn: “Unauthorized or improperly parked vehicles will be impounded 24 hours a day.”

Kevin Lafky, Hall and Kelley’s attorney, said the property owner had no way of knowing the men were police officers when they parked on his lot. When he attempted to warn them they were parked illegally, one of the officers replied using a common two-word expletive.

“At that point he did what anyone would have done and called the towing company to have their cars removed,” Lafky said.

Sgt. Andrew Roberts of Salem Police, Tyson Hodges of the US Drug Enforcement Agency, Detective Jeff Johnson of the Keizer Police, Detective Roelof and Officer Ben Rudell of Salem Police then went to the impound lot at 560 Glen Creek Road NW, where they demanded the return of the vehicles.

Hall and Kelley told the officers that they needed to prove ownership, part of the company’s policy and state law for releasing vehicles, according to the document.

Officers told Hall and Kelley they were undercover police, that the cars were registered to fictitious names and that they could not immediately prove ownership, the tort claim states. The officers showed the men their police badges and told them that the vehicles needed to be released immediately because they were involved in an active investigation.

Hall then called his boss, Gary Dental, to get advice on how to handle the situation. When the business owner put Hall on hold, Sgt. Roberts told the men they would be arrested and taken to jail if the vehicles were not immediately released.

“Chill out dude, I’m calling my boss,” Hall reportedly said, and then was placed on hold by his boss for a second time, the record states.

Hall and Kelley were then arrested for obstructing governmental administration and taken to the Polk County jail. The record states that the officers then frisked the men, found the keys to the tow yard and took the vehicles.

The tort claim was sent to the Polk County Sheriff’s Office and the US Drug Enforcement Administration along with Salem and Keizer police departments.

Lt. Dave Okada with the Salem Police Department would not comment on the matter and said anytime there is pending legal action against the department, all questions are required go through the city’s legal department.

Salem City Attorney Randall Tosh said his office receives hundreds of tort claims a year, which gives the city time for preliminary investigation before a lawsuit. Tosh said his office was looking into the claim but could not comment on the details of his investigation.

Hall and Kelley claim that they suffered damages including assault, abuse of process, false arrest, malicious prosecution, false imprisonment and violation of rights, among others.

Lafky said the claim of assault against Hall and Kelley stems from their being handcuffed and forced into the back of a police car.

“It is unfortunate to see this type of abuse of power,” Lafky said. “This is kind of the that causes law abiding citizens to disrespect and lose trust the law enforcement community.”