Vancouver attorney says evidence supports claim that high-ranking military veteran was unlawfully arrested, assaulted, and his home searched unlawfully
VANCOUVER – A federal court has denied Clark County’s motion to dismiss a civil rights lawsuit involving an alleged wrongful arrest, assault, and illegal home search. The Clark County Sheriff’s Office is currently dealing with two other significant civil rights lawsuits tied to the deaths of Jenoah Donald and Kevin Peterson.
D. Angus Lee, the Hanks’ attorney, noted that the Hanks family was pleased with the court ruling.
The plaintiff in the case, Robert Hanks, a former Command Sergeant Major in the National Guard, asserts that deputies from the Clark County Sheriff’s Office wrongfully arrested him. This action followed a 9-1-1 call on Aug. 23, 2020, wherein the caller claimed that Robert had supposedly assaulted his wife – a claim that was second-hand and uncorroborated according to Lee..
While deputies had ample time, estimated at 20-30 minutes during their commute to the Hanks’ home, to delve deeper into the accusations, they chose not to do so according to Lee. They didn’t reach out to the initial caller for any additional details or verification. Instead, they prepared to arrest Robert based solely on the second-hand, unverified information. This is despite the deputies’ position less than a minute away from the location of the 9-1-1 caller.
Upon arrival at the Hanks’ residence, the deputies did not detect any signs of criminal activity or distress according to Lee. “Regardless, they proceeded to arrest Robert, used assaultive tactics, and conducted a warrantless search of his home,’’ said Lee in a statement.
“Robert and his wife, Stephanie, aware of the deputies’ presence, had calmly approached them to inquire about their intentions,’’ Lee stated. “Robert exhibited no signs of aggression or any intent to escape, and there was no evidence suggesting that Stephanie was at risk. Yet, deputies proceeded with his arrest.’’
Arrest procedures involved drawn weapons, a ballistic shield, and a K9 unit, led by Deputy Boyle, the primary defendant in another case against Clark County concerning Jenoah Donald’s death. “Deputies forced Robert to lie face down on gravel to handcuff him, despite his cooperative demeanor and the lack of any flight or violence risk,’’ Lee stated. “This was done without any reasonable suspicion or probable cause.
“Interestingly, Clark County attempted to justify this action by suggesting that Robert’s veteran status made him potentially more dangerous or criminal, an assertion the court cited in its ruling,’’ Lee stated.
Lee, voiced his disappointment at Clark County’s argument, saying, “Clark County should not be treating veterans as a danger to the community. A community that does not honor veterans will soon have none.”
In rejecting the County’s motion, the court stated that a jury could reasonably conclude that “Defendants did not have reasonable suspicion to detain Mr. Hanks. A tip from an identified caller who has uncorroborated secondhand information that a specific individual may be committing a crime is not per se sufficient to give an officer reasonable suspicion to conduct a Terry stop.”
“The ruling emphasized the deputies’ lack of reasonable suspicion,’’ Lee added. “Despite being aware of the second-hand nature of the 9-1-1 call, the deputies failed to corroborate the information or try to gather further details from the caller. Additionally, no other steps were taken to confirm the allegations before confronting Mr. Hanks, nor was there any evidence to suggest Mr. Hanks was involved in any criminal activity.’’
The court underscored its point by stating, “Deputy Defendants undertook no further steps to corroborate whether Mr. Hanks had actually committed domestic violence before intrusively seizing him” and added that the “Deputy Defendants employed clearly intrusive means in detaining Mr. Hanks.”
The trial is scheduled to commence on Sept. 4, 2023.
Angus Lee is a former elected county prosecutor. He handles civil rights and criminal defense cases in Southwest Washington. In 2015, Lee launched the first statewide voter initiative for body cameras.
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