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.”