Post Falls police face brutality suit

A Post Falls man filed a half-million-dollar lawsuit against the Post Falls Police Department this week for injuries he sustained during a January 2005 arrest.

Bradley Platt, 37, filed the police brutality suit in Kootenai County’s 1st District Court this week, alleging he was “tackled and struck repeatedly in the face and head” by Officer Erik K. Andersen, causing injuries and physical disfigurement.

Some of Platt’s teeth were knocked out by the force of his face hitting the asphalt. Though court records don’t specify the nature of Platt’s injuries, photocopied pictures in the court file show a black eye, lacerations to his chin and upper lip and missing teeth.

Andersen pulled Platt over just after midnight on Jan. 23, 2005, for failing to yield at a red light – a misdemeanor offense. Platt was charged with DUI, driving without privileges, obstructing an officer and eluding an officer.

All charges were dropped after Platt’s public defender filed a motion to dismiss the case based on Andersen’s alleged “outrageous conduct.” Post Falls City Prosecutor Joel Ryan, who dismissed the charges, did not return calls Friday.

“The Post Falls police officer’s conduct was so outrageous in inflicting a terrible aggravated battery upon Mr. Platt that the court should not allow the state to use the court system to prosecute this defendant,” Deputy Public Defender Larry Purviance wrote.

In a more recent criminal case against Platt, Purviance referenced the 2005 case, saying the incident “resulted in termination of a police officer in Post Falls.”

Post Falls Police Chief Cliff Hayes said Andersen was employed with the department from May 2002 until May 2006. Hayes refused to say whether Andersen was fired or left voluntarily.

But Hayes said Purviance’s statement that an officer was fired as a result of the 2005 case involving Platt was “incorrect.” Andersen could not be reached for comment, and a message left with Purviance was not immediately returned.

Platt, who is serving time in the Kootenai County Jail on a domestic battery charge, declined a request for an interview. His attorney in the civil suit, Douglas Phelps, did not return calls seeking comment.

Hayes said he reviewed the videotapes from the incident at the time and “didn’t find the officers had done anything wrong.”

The suit names the city, the Police Department, Andersen and Post Falls police Officer Scott Harmon, who assisted with the stop.

Hayes said the officers’ prior encounters with Platt – who has an extensive criminal record – “raised the level of concern for the officers’ safety.”

Asked if the officers acted appropriately, Hayes responded: “Certainly there are times when a level of service can be improved, but it doesn’t mean it was handled inappropriately. It wasn’t the way maybe we’d like to see the service level delivered to the public.”

Hayes said he couldn’t comment further on the lawsuit.

In his police report, Andersen wrote that he was finishing a traffic stop when Platt drove past, revving the engine of his truck and spinning out his tires.

Andersen said he caught up with the truck at Seltice Way and Spokane Street, where Platt allegedly slowed and then drove through a red light. Platt drove southbound on Spokane Street, the report said.

According to the report, Andersen activated the overhead lights on his cruiser in an attempt to pull Platt over for failing to yield.

After dispatchers told Andersen that Platt had a suspended license, the officer turned on the sirens. Platt turned onto First Avenue and pulled over to the curb, the report said.

Harmon arrived at scene to help Andersen, the report said.

A video of the stop, obtained through a public records request, shows Andersen walking to Platt’s truck with his gun drawn. Though the report said Andersen ordered Platt several times to open the door of his truck, the video has no accompanying audio at that point.

Another officer, gun drawn, can be seen approaching the passenger side of the truck.

Andersen pulled open the driver’s side door with his gun pointing at Platt. Platt steps out of the truck, smoking a cigarette. As he brought the cigarette to his mouth, he turned toward the truck.

The officer grabbed Platt’s arm, in one movement flipping him to the ground. The cigarette flew from his hand, and his hat was knocked off.

Moments later, as Andersen is walking Platt to the patrol car, the video shows Platt’s bloodied face.

After Platt is placed in the patrol car, portions of his conversation with Andersen are audible.

“Hey buddy, that’s uncool man,” Platt said in a slurred voice. “That hurt.”

When emergency medical workers arrived to treat Platt he was heard yelling at Andersen. He continued yelling at the officer during the drive to Kootenai Medical Center in Coeur d’Alene, often using profanities.

After Andersen pulled up at the hospital, Platt threatened him repeatedly – both with physical harm and a lawsuit.

Andersen warned Platt that if he continued with the threats that he would face additional charges.

“You beat me up. You beat me up,” Platt said. “Look at my face.”

When Andersen delivered Platt to the jail, he told staff there that Platt refused medical attention in Post Falls and at Kootenai Medical Center.

“When I took him to the ground, I either busted his nose or lip or something,” Andersen told jail staff.

Purviance said in seeking to have the case dismissed that Platt hadn’t heard Andersen order him to get out of his truck because the sirens of the police car had caused two large dogs inside the truck to bark loudly.

He also asked the court to consider Platt’s “fear at the sudden appearance of at least two and as many as four officers approaching his vehicle with guns drawn.”