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Excessive force case dismissed

Coeur d'Alene Press | UPDATED 14 years, 6 months AGO
| July 29, 2010 9:00 PM

COEUR d'ALENE - A federal judge dismissed an excessive force suit filed against the city of Coeur d'Alene and its police department on Tuesday.

U.S. District Judge Edward J. Lodge ruled in his summary judgment that although a jury could conclude that excessive force was used to detain 40-year-old Shannon Kanda, it was unintentional.

Therefore, the officers acted in a lawful manner and were entitled to immunity from suit, the judge said.

"I am pleased but not surprised by this outcome," Police Chief Wayne Longo said in a written statement following the ruling. "Every day our officers do their best to respond in a professional manner in very difficult situations like this. It is unfortunate that as a result they become the targets of meritless lawsuits."

Kanda was arrested on May 7, 2009, after she had asked a neighbor to call the Coeur d'Alene police following an altercation she had with another neighbor's visitor. When police arrived, Kanda was intoxicated, and eventually struck an officer. While police attempted to handcuff her, she suffered an orbital fracture and lacerations. She was hospitalized that night and had a blood alcohol level of .28, over three times the legal limit for driving.

Kanda, of Coeur d'Alene, said she was slammed "into the ground on a second-story staircase," according to reports.

The incident was referred by Longo to the Idaho State Police for investigation, before Lodge dismissed it.

Kanda was represented by Hayden attorney Larry Purviance, and later pled guilty to battery for striking one of the officers, a press release on the summary judgment states.

Purviance could not be reached for comment Wednesday afternoon.

City Attorney Mike Gridley said in the written statement that the city would seek legal fees from the plaintiff.

"We are grateful for this summary judgment so that the taxpayers don't have to bear the added expense of going to trial to defend this case," he said.

Kanda could appeal the judgment.

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