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September 03, 2010

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Former constable sues Dayton police chief

Last updated: 9:58 AM, 07/08/2010
 



Former Rhea County Constable Roy Denton, who has been at odds several times with local law enforcement officers, has filed a $750,000 federal lawsuit against the City of Dayton and Dayton Police Chief Kenny Walker.

Denton, who lives in Dayton, filed a "Complaint for Violation of Civil Rights" in U.S. District Court in Chattanooga Tuesday and is currently representing himself.

During his four-year tenure as Fifth District constable, Denton attempted to make what had become largely a token office into a more active and visible one. He and several other constables began wearing uniforms and guns, patrolling in police cars with lights and sirens and writing tickets and making arrests.

This activity put Denton and a few other constables on the wrong side of the county commission. Commissioners objected to the constables' autonomy and lack of training and eventually voted to abolish the office of constable beginning last September. Along the way, Denton and Seventh District Constable Doyle Phipps filed a lawsuit against the commission alleging that they met in secret prior to their vote and violated the Tennessee Open Meetings Act. That lawsuit has still not been resolved, nor has it ever been set for trial.

Last year, Denton challenged three-term incumbent Leon Sneed for the Republican nomination for Rhea County Sheriff. The heat of the campaign and statements made by Denton in another publication created animosity between Denton, Sneed and other law enforcement officers who supported Sneed, even though Sneed went on to win both the primary and general elections handily.

In his complaint, Denton stated that was receiving harassing phone calls from a Hamilton County resident, who he is also involved in a civil court action with, and on Jan. 15, 1999, at about 1:15 p.m., he contacted Rhea County Central Dispatch to request a police officer to report the calls. He alleged that he specifically requested Dayton Patrolman Tommy Solomon because he believed the only other officer on duty at the time was Sgt. Chris Sneed, Sheriff Sneed's son.

"The plaintiff has reason to believe that Sgt. Sneed would hold a biased opinion of the plaintiff as the plaintiff had previously ran against Sgt. Sneed's father in a heated primary election, and that Sgt. Sneed held certain political adverse feelings against the plaintiff as did the defendant Walker," Denton wrote in his complaint.

In an affidavit that Denton filed with his complaint, he stated that Solomon came to his home and took a report, promising he could pick up a copy of the report on Jan. 16 at the police department. Denton said he needed the police report in order to take out a warrant in Hamilton County General Sessions Court against the individual making the phone calls.

Denton alleged he received two more harassing calls on Dec. 16 and again called for Solomon. When the Dayton patrolman arrived, he reportedly told Denton that Chief Walker had instructed him not to write a report for Denton and to not get involved with him, according to the affidavit.

"I told him [Solomon] that it was not right that I was deprived equal protection from the police department as I was a city resident and taxpayer and he agreed," Denton wrote in his affidavit. "I told Officer Solomon that it did not surprise me because of who I was and that it wasn't right to not write a simple report that everyone else in the city can get just because of politics..."

In his complaint Denton maintains that Walker's actions amounted to obstruction of justice and thus violated Denton's 14th Amendment right to due process of law.

Denton is seeking $250,000 in compensatory damages and $500,000 in punitive damages.

Chief Walker said Friday he couldn't comment on the lawsuit.


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