A federal court judge last week ruled that Lynnwood police officers did not use excessive force in arresting a man who was at a bar when a fight broke out in 2003.
U.S. District Court Judge Benjamin Settle dismissed a complaint against two officers and the city after a two-day trial, the city announced Tuesday.
Joshua Dowell was arrested on Aug. 30, 2003, after the fight outside Daverthump’s Pub in Lynnwood. Dowell was not a participant in the fight, but witnesses identified him as being involved, said Robert Christie of Seattle, the city’s lawyer.
Officer Jason Valentine, who was in plain clothes, identified himself and started to ask Dowell some questions, Christie said.
Dowell said he didn’t know Valentine was a police officer and he resisted.
Christie said there were many eyewitnesses who said the confrontation with Dowell lasted 15 to 20 seconds. With the help of Sgt. T.J. Brooks, Dowell was handcuffed and taken to the Lynnwood jail, where he was booked for obstructing an officer, Christie said. Dowell suffered a few cuts and abrasions, the lawyer added.
Dowell soon was released without bail on his promise to return for court hearings. He was in custody 30 minutes or less, Christie said.
He was found not guilty of the charge of obstructing an officer, Christie said.
Dowell also sued for malicious prosecution and false arrest.
“The judge found the officers had grounds to contact him and to arrest him when he resisted,” Christie said.
Judge Settle heard the case earlier this month and announced his decision on Thursday.
“Federal trials are very intensive and stressful,” Lynnwood Police Chief Steve Jensen said. “Officer Valentine and Sergeant Brooks performed admirably on the stand in recounting their actions. It was obvious that Judge Settle found them credible.”
Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.
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