AZ Central – by A Phoenix man is suing a Maricopa County Sheriff’s deputy after he says the deputy collided with his truck and then handcuffed the plaintiff when he tried to write down the deputy’s license-plate number.
Detective Steve Chervenak denies the allegations of assault, false imprisonment and civil-rights violations, and instead claims the driver was combative, forcing Chervenak to detain him for safety concerns. The case is making its way through federal court.
Thomas Kasper said he was driving northbound on Seventh Street approaching Adams Street on May 1, 2013, when construction barricades funneled traffic into one lane.
Kasper says an unmarked Chevrolet Blazer — later determined to be driven by Chervenak — attempted to cut in the merging line but no cars were allowing him to do so.
Kasper followed the lead of the cars in front of him, but said Chervenak made his move anyway and hit the rear of Kasper’s truck.
Kasper got out to exchange information and write down the Blazer’s license-plate number, but was met with an angry, plainclothes detective, the suit says. It says Chervenak began yelling at Kasper and ordered him back to his vehicle.
Chervenak claimed to be a deputy but produced no badge, the lawsuit says.
“I said, ‘How do I know that?’ And he didn’t say anything,” Kasper said in an interview.
When Kasper failed to comply with his demands, Chervenak retrieved a pair of handcuffs, pushed Kasper against the vehicle and clamped the cuffs over his wrists, the suit says.
Kasper, still uncertain if he was being detained by a real deputy, said he started yelling at passers-by to call 911 and get uniformed officers on the scene.
“It was kind of surreal that I would have to do that,” he said. “I was angry, but I had to stay calm, because if I did anything, it was just going to get worse.”
Phoenix police officers arrived, Kasper said, as well as uniformed deputies from the Maricopa County Sheriff’s Office. Kasper said he remained in handcuffs for about an hour until another Sheriff’s Office deputy arrived with a key.
The lawsuit alleges assault and battery, false imprisonment, negligence, civil-rights violations and property damage, and names Sheriff Joe Arpaio as a defendant, claiming negligent hiring, training, supervision and retention.
Sheriff’s spokesman Joaquin Enriquez spoke on behalf of Chervenak, whose account of the incident follows the same general timeline but claims it was Kasper who provoked the confrontation.
Chervenak said he turned on his emergency lights and got out of the vehicle to check on another driver, and asked Kasper why he had cut him off.
Chervenak said he identified himself as a detective and that Kasper became argumentative and made obscenity-laced remarks to the detective. He said Kasper followed him back to his vehicle and refused to wait in his truck for Phoenix police to arrive.
“Thomas remained belligerent and uncooperative; further, he would not listen to the detective’s verbal commands even after he had identified (himself) as a deputy with the Maricopa County Sheriff’s Office,” Enriquez said. “For officer safety, Detective Chervenak placed Thomas in handcuffs to control the situation and walked Thomas back to his truck.”
Chervenak said he explained to Thomas that he was not under arrest and was being secured for his safety.
In a response to Kasper’s claims, Chervenak’s attorneys deny that their client unlawfully restrained Kasper or that he violated any civil rights.
Chervenak is represented by the Maricopa County Attorney’s Office’s civil-services division. The office declined to comment on the case because the matter is pending.
The plaintiffs are asking for the depositions of various Phoenix police officers and deputies who were on the scene, said Kasper’s attorney, J. Scott Halverson. The Phoenix officers are scheduled to be deposed later this month.
The suit is asking for a “reasonable” amount for damages, losses and medical expenses but has not listed a specific a figure.
“Kasper, still uncertain if he was being detained by a real deputy, said he started yelling at passers-by to call 911 and get uniformed officers on the scene.”
Call the cops???
Guy’s got a death wish, apparently.