Patrol lawsuit could go to trial

E-mail this story

Print this story

Share

A federal lawsuit claiming that a Batavia police officer used excessive force against two Batavia boys is moving closer to trial.

Laura Dougherty of Batavia filed suit in U.S. District Court against Officer Mark Fauble and the city of Batavia, claiming that he unnecessarily drew his gun against her teenage sons last year, traumatizing the teens.

Fauble, who has worked at the department since 1999, and the city deny any wrongdoing.

Dougherty’s attorney, Louis Meyer, said Friday that after Fauble gave a deposition – likely in early October – a trial date would be scheduled.

The parties also will meet Wednesday to schedule Fauble’s deposition, he said.

Dougherty claims that her sons – then 15 and 16 – were walking along Blaine Street about 11 p.m. July 19, 2006, when Fauble was patrolling the neighborhood.

Fauble got out of the car, drew his gun, and ordered the teens to get on the ground, according to the complaint.

He then kicked one of the teens and kneed him in the back of the head and on his head, before pointing his gun directly at the teen’s head, the complaint states.

One of the teens also had his arm yanked while handcuffed, and was kept at the police station for one to two hours that night, the complaint states.

Fauble was patrolling the area, looking for two armed black males, the lawsuit states. Dougherty’s sons are white and, according to the complaint, were not armed.

Although Fauble and the city admit that Fauble stopped the teens, told them to go to the ground, and handcuffed them, they deny that Fauble drew his weapon and pointed it at them, according to court documents.

They also deny causing any pain to the teens, but admit that one of the teens was taken to the police station, court documents state.

Batavia police did not issue a police report regarding the incident.