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Jean Hinesley's federal lawsuit against two former Lake Ozark police officers has been settled and the case dismissed. The terms of the agreement will remain confidential after the settlement was sealed in court.
Hinesley filed the lawsuit in the Western District Court of Missouri in December 2008 stemming from an incident that took place two years prior outside her Lake Ozark home.
According to court documents, on or about Dec. 4, 2006, former officers Bret Braun and Tonya Lloyd arrived at Hinesley's home regarding a call that someone had left the scene of an accident. When Braun arrived, he observed the damaged vehicle parked across the street from Hinesley's house with tracks in the snow leading from the point of impact to the house.
Neighbors also reported to Braun they suspected Hinesley had caused the damaged to the parked vehicle.
In Hinesley's original court filing, filed in December 2008, Hinesley alleged that she was ordered by Braun to come outside to be questioned and she obliged. When she attempted to ask Braun why he was on her property, Hinesley alleged Braun grabbed and twisted her arm, threw her to the ground and placed her under arrest without probable cause.
She was later issued a citation for failing to obey the lawful request of a police officer.
Hinesley said she was further victimized when the former officers allegedly filed false and misleading reports to justify their actions.
However, in a summary judgment issued in September 2010, the agreed-upon document tells a different story.
According to the summary judgment, after Hinesley came outside to speak with Braun, Hinesley denied allegations she was involved in the hit-and-run accident and demanded an explanation from Braun as to why he was in her driveway.
Braun responded by repeatedly asking Hinesley for identification, more than seven times by Hinesley's own admission in court documents. When Hinesley still failed to show Braun her ID, Braun told her he would arrest her if she did not comply. Hinesley still didn't show Braun her ID and Braun arrested her on charges of failing to obey the officer's request.
Shortly after, Lloyd arrived at the scene.
In the court documents, Lloyd said she was standing in the street and her back was turned at the time Hinesley claimed Braun threw her to the ground. Lloyd did overhear yelling and observe Braun and Hinesley on the ground in the driveway. When Lloyd went over to the pair, Hinesley's husband came out of the house and Lloyd diverted her attention to him, directing him to go back into the house.
When the lawsuit was filed in December 2008, Hinesley sought monetary compensation for the physical and emotional damage she claimed she suffered as a result of Braun's and Lloyd's actions as well as attorney and court fees. She also asked for an injunction requiring the police department to take immediate steps to "provide all necessary training, supervision, and policies required to prevent the injury of other innocent citizens."
While the details of settlement remain sealed, the case was dismissed without costs to any party.
Braun resigned from the Lake Ozark Police Department in April 2007, not long after the city brought in Mark Maples as the new police chief. Lloyd resigned in August 2007.
Contact this reporter at deanna.wheeler@lakesunonline.com.
Jean Hinesley's federal lawsuit against two former Lake Ozark police officers has been settled and the case dismissed. The terms of the agreement will remain confidential after the settlement was sealed in court.
Hinesley filed the lawsuit in the Western District Court of Missouri in December 2008 stemming from an incident that took place two years prior outside her Lake Ozark home.
According to court documents, on or about Dec. 4, 2006, former officers Bret Braun and Tonya Lloyd arrived at Hinesley's home regarding a call that someone had left the scene of an accident. When Braun arrived, he observed the damaged vehicle parked across the street from Hinesley's house with tracks in the snow leading from the point of impact to the house.
Neighbors also reported to Braun they suspected Hinesley had caused the damaged to the parked vehicle.
In Hinesley's original court filing, filed in December 2008, Hinesley alleged that she was ordered by Braun to come outside to be questioned and she obliged. When she attempted to ask Braun why he was on her property, Hinesley alleged Braun grabbed and twisted her arm, threw her to the ground and placed her under arrest without probable cause.
She was later issued a citation for failing to obey the lawful request of a police officer.
Hinesley said she was further victimized when the former officers allegedly filed false and misleading reports to justify their actions.
However, in a summary judgment issued in September 2010, the agreed-upon document tells a different story.
According to the summary judgment, after Hinesley came outside to speak with Braun, Hinesley denied allegations she was involved in the hit-and-run accident and demanded an explanation from Braun as to why he was in her driveway.
Braun responded by repeatedly asking Hinesley for identification, more than seven times by Hinesley's own admission in court documents. When Hinesley still failed to show Braun her ID, Braun told her he would arrest her if she did not comply. Hinesley still didn't show Braun her ID and Braun arrested her on charges of failing to obey the officer's request.
Shortly after, Lloyd arrived at the scene.
In the court documents, Lloyd said she was standing in the street and her back was turned at the time Hinesley claimed Braun threw her to the ground. Lloyd did overhear yelling and observe Braun and Hinesley on the ground in the driveway. When Lloyd went over to the pair, Hinesley's husband came out of the house and Lloyd diverted her attention to him, directing him to go back into the house.
When the lawsuit was filed in December 2008, Hinesley sought monetary compensation for the physical and emotional damage she claimed she suffered as a result of Braun's and Lloyd's actions as well as attorney and court fees. She also asked for an injunction requiring the police department to take immediate steps to "provide all necessary training, supervision, and policies required to prevent the injury of other innocent citizens."
While the details of settlement remain sealed, the case was dismissed without costs to any party.
Braun resigned from the Lake Ozark Police Department in April 2007, not long after the city brought in Mark Maples as the new police chief. Lloyd resigned in August 2007.
Contact this reporter at deanna.wheeler@lakesunonline.com.
