Suit alleges excessive force by Tukwila officer

A lawsuit filed this month alleges Tukwila police officers used excessive force in the events surrounding a 2011 arrest, after which charges were dismissed.

A man was pepper-sprayed and broke his ankle during his contact with Tukwila police at a party.

The other allegations outlined in the April 16 lawsuit include racially charged comments by a police officer, false arrest, improper medical care of an injured arrest suspect and lack of proper training of police officers.

The primary Tukwila officer targeted in the lawsuit, Nicholas Hogan, has since left the department and is now an officer at the Snoqualmie Police Department.

The case stems from reports of shots fired about 11:15 p.m. on April 16, 2011 -- three years before the date the lawsuit was filed.

A man named Robert Turner was at a party for the Family Ties Car Club at a house in the 13300 block of Macadam Road South in Tukwila.

A tipster reportedly told Hogan that he believed shots were fired from the address where the party was located.

Officers entered the backyard of the home, where 15 to 20 people were gathered, according to the lawsuit. The people there also reported that they had heard gunshots, but stated that no one at the party had fired any weapon.

Police allegedly never found a weapon or shell casings at the party.

Turner, however, saw Hogan detaining a friend of his and asked another officer whether he could check on his friend. That officer reportedly gave him permission.

When Turner approached his friend, Hogan ordered him to stop, according to court documents. Turner stopped, but Hogan nonetheless pushed Turner in the chest, the lawsuit alleges. Hogan then fell in another attempt to strike Turner, and jumped up and tried to hit him again, reports say.

Turner reportedly fell to the ground to avoid appearing as though he was trying to fight with the officer. Regardless, officers used a Taser and pepper spray on Turner, and one of them stomped on Turner's ankle, audibly cracking it, the lawsuit argues.

"This one isn't going to play basketball anymore," Hogan is accused of remarking, prompting Turner's allegations of racial bias.

Officers tried to book Turner into King County Jail without cleaning the pepper spray from his face or seeking medical treatment, according to the suit. The jail refused to admit him.

Hogan took Turner to Harborview Medical Center, where staff determined an ankle bone and finger were broken and that he had suffered multiple bruises all over his body.

The Tukwila Municipal Court later dismissed the charges against Turner.

Turner's lawsuit names Hogan, an unnamed officer, former Tukwila Chief of Police David Haynes, the City of Tukwila and the police department. He blames the city and former chief of inadequately screening job candidates and failing to properly supervise and train them during their employment.

Hogan was hired by Tukwila in January 2009 and left in February 2012, according to a spokesman with the Washington State Criminal Justice Training Commission.

The Training Commission declined to divulge the reason Hogan parted ways with Tukwila, but records officer Greg Baxter added that nothing in his record prompted the commission to investigate him or revoke his certification. Hogan had no allegations of misconduct against him and was cleared for employment when he took a job in Snoqualmie in February of this year.

The Tukwila Police Department could not be reached for comment as of Wednesday afternoon.

Lynsi Burton can be reached at lynsiburton@seattlepi.com. Follow her on Twitter at @LynsiBurton_PI. For more Seattle crime news, visit the Seattle 911 blog at the seattlepi.com.