The city of Coeur d’Alene is seeking recovery of legal fees after a federal judge dismissed a lawsuit filed by a woman who claimed police assaulted her.
Shannon Kanda had a blood alcohol level of .28 when she had a neighbor call police to report she’d been assaulted, according to court documents.
Police responded to an apartment in the 1800 block of Legends Parkway around 9:20 p.m. May 7, 2009, where they say Kanda was uncooperative and hit an officer’s hands, then swung at an officer.
An officer deflected a punch and struck Kanda in the chin, the both offers “took hold of Kanda and put her down face first on the stairwell landing,” according to U.S District Judge Edward Lodge’s judgment, filed this week. One officer “informed Kanda that she had hit her head on the iron stairwell in the process.”
Kanda’s lawyer, Larry Purviance, said his client was unsteady because of alcohol and resisted a police order because she was afraid, according to the lawsuit.
Kanda injured her left eye and required surgery. Idaho State Police investigated the case. Kanda pleaded guilty to battery in February.
Coeur d’Alene Police Chief Wayne Longo said he’s “pleased but not surprised” buy the dismissal.
“Every day our officers do their best to respond in a professional manner in very difficult situations like this,” Longo said in a prepared statement. “It is unfortunate that as a result they become targets of meritless lawsuits.”
Coeur d’Alene City Attorney Mike Gridley said he’ll “definitely ask the court to order the plaintiff to pay the city’s legal costs.”
Kanda’s lawsuit was one of several filed by Purviance.
Two others mentioned in this story from last summer still are pending.