Lawsuit against officer dropped

Mentor man alleged excessive force used by Kirtland Hills cop

A lawsuit accusing a Kirtland Hills police officer of excessive force has been dropped.

Thomas Adams, 45, of Mentor, dropped the lawsuit he filed Jan. 9 in U.S. District Court in Cleveland alleging officer Clyde Null used excessive force when arresting Thomas on Aug. 19, 2016, for allegedly driving under the influence of alcohol.

The lawsuit stated that without provocation, Adams’ head was smashed against the concrete by Null and Adams was verbally abused by the officer.

“Plaintiff was at no time a threat, belligerent, loud, resistant or menacing in any manner whatsoever toward Defendant Null,” Adams’ attorney Thomas J. DeBacco stated in the suit.

The suit also accused Kirtland Hills Police Chief Barry Hendricks of creating and tolerating “an atmosphere of brutality and lawlessness” and failing to properly train and supervise officers.”

Adams originally was charged with resisting arrest and OVI in Willoughby Municipal Court.

The lawsuit officially was dropped Feb. 28 after Adams pleaded guilty to lesser charges of disorderly conduct and physical control on Feb. 22 in Willoughby Municipal Court.

In an October hearing, Null testified that he received a police radio dispatch of two 911 callers reporting an erratic driver on Interstate 90, who then exited onto Center Street, followed by one of the callers, according to Willoughby Municipal Court records. Null eventually stopped the car driven by Adams with a female passenger.

Null approached the driver’s side of the vehicle and testified he detected the “strong” odor of an alcoholic

beverage “emanating from the open window of the vehicle, and from the defendant.” When he asked Adams for his license and insurance, Adams allegedly showed a “friend badge” several times to Null without showing him the identification he asked for.

The records state Null testified “that he detected ‘slurred speech’ of (Adams). After exiting the vehicle, the officer made several requests to the (Adams) to move to the rear of the vehicle, out of the roadway, and (Adams) refused, stating ‘no.’ (Adams) placed his hands in his pockets, and was ordered to remove them, which he did. The sergeant was aware that

the registered owner of the vehicle had a concealed weapon carry permit.”

Null testified it was his intention to secure Adams’ hands, but Adams resisted. The officer then testified that he then attempted to gain Adams’ compliance and move him to the rear of the vehicle out of the roadway, but Adams continued to resist. The records state Null was successful in placing Adams to the ground behind the vehicle and handcuffed him and Adams was subsequently arrested.

Dash cam footage of the incident obtained by Cleveland.com can be found here.

Chief Hendricks declined comment on the lawsuit’s dismissal.