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Faulty arrests result in lawsuit
Man files $5 million suit against city for false arrests
Date published: 11/19/2009
BY KEITH EPPS A King George man who was erroneously arrested twice during a five-month span has filed a $5 million lawsuit against the city of Fredericksburg. Rodney Maurice Morton, 42, filed the suit Thursday in federal court in Richmond. He is being represented by Richmond attorney Stephen W. Bricker. Fredericksburg police spokeswoman Natatia Bledsoe said the department is aware of the lawsuit but will not comment. Both arrests referred to in the lawsuit occurred when police were really looking for Rodney Lee Morton, a local man with a long criminal record. Rodney Maurice Morton works for a national security agency of the federal government, has a security clearance and no criminal record, court records state. On Dec. 4, 2007, Morton was arrested in Fredericksburg on an assault charge. Morton went to the police station after receiving a call at work from his daughter telling him police were looking for him. Morton was arrested and handcuffed by Officer D.S. Nielsen, accused of assaulting Warren Alonzo Carter, someone Morton said he did not know. At the magistrate's office, court records state, both Nielsen and the magistrate expressed doubt that they had the right Rodney Morton. The case went to court on Feb. 7, 2008, and Carter said Rodney Maurice Morton was not the one who assaulted him. The case was dismissed, but not before Morton paid $5,000 for a lawyer. The lawsuit states that city police assured Morton that mistake would not happen again. But on May 1 of last year, King George deputies surrounded Morton's house and informed him he'd been charged with selling cocaine to an undercover officer in Fredericksburg on March 5. A city grand jury indicted Rodney Maurice Morton, but a judge dismissed that charge on June 2, 2008, after it was determined that Rodney Lee Morton was again the intended defendant. Fredericksburg Police Capt. Rick Pennock said at the time that the department was taking internal steps to make sure nothing like this happens again to Morton or anybody else. He said the first warrant city officers served on the wrong Morton had come from another locality. Pennock said he didn't know how the wrong information got on that warrant. However, that put Morton's information in the city police system. And because of a clerical error, Pennock said Morton's information ended up on the cocaine indictment that was intended for someone else. Though he never pulled any jail time, Rodney Maurice Morton said the ordeal had cost him time, money and embarrassment. Morton, who grew up in Stafford County and has lived in this area his whole life, said previously that there was another time that police came to his Stafford home looking for the other Rodney Morton. He estimated that was about 13 years ago. However, he was not arrested because one of the officers who showed up knew the other Morton. Keith Epps: 540/374-5404
Read more stories about Fredericksburg Date published: 11/19/2009
MORTON SUED AFTER SECOND ARREST WHICH WAS DUE TO FREDERICKSBURG CLERICAL ERROR
(posted by
BumbleBee
, Dec. 7, 2009 2:30 pm)
Readers, keep in mind that Morton paid $5000 to defend himself from the first charge and did not sue the City. He sued only after the city made a clerical error and erroneously entered his name on the second arrest warrant from May 2008. It was the city's clerical error that caused Morton to be arrested in May 2008 in error. These criminal charges are punishable by incarceration and are serious. Meanwhile, Morton has secuirty clearance, works for NSA and has no criminal record.
Hmm, why wouldn't they arrest him right then and there? Well...
(posted by
Trippletap
, Nov. 24, 2009 3:52 pm)
...the undercover cop that the other Morton sold cocaine to was likely part of a task force and they probsbly didn't arrest him immediately because they were trying to go after the "higher up" dealers...like they have done in other areas. regardless, they did not "screw" him twice, as the first arrest was based on a warrant from another jurisdiction.
Trippletap- Really?
(posted by
dontask
, Nov. 20, 2009 1:25 pm)
On March 5, Rodney Lee Morton, a local man with a long
criminal record (so, I'll assume there are fingerprints and
mug shots identifying him as Rodney LEE Morton) sold
cocaine to an undercover cop in Fredericksburg. Why
wasn't THAT Mr Morton arrested then and there? Instead,
the city waits 2 months and their clerical error sends King
George deputies off to arrest Rodney MAURICE Morton.
This is abysmal police work. Fredericksburg absolutely
screwed this man (twice) and should be sued.
The problem was created by another jurisdiction, not the city.
(posted by
Trippletap
, Nov. 20, 2009 11:27 am)
This story gives the impression that city officers wrongfully arrested Mr. Morton the first time. But, according to the article, "the first warrant city officers served on the wrong Morton had come from another locality". So, the city officers had a signed warrant, issued incorrectly by ANOTHER JURISDICTION for Mr. Morton. Someone listed on a warrant, mistakenly or not, MUST be arrested. There is no discretion allowed for the police. If they choose not to arrest they are in violation of the law themselve
DirtRacer - WideOpen Was right
(posted by
enlightenment
, Nov. 20, 2009 8:12 am)
Let's say he sued for a "more reasonable" amount, $35K. That peanut amount would not force a serious look at the problem. $5Mil is too much, but arrest "good" Morton and his lawyerss? that makes no sense. Either the city's municipal insurer or a Jury will decide the "right" amount. You can't get what you don't ask for. So when he asks for $35K, insurer settles quickly, and public never hears about the problem, thus no pressure to fix the problem. Amount huge (more than will get) but sure did make a splash
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