Bend settles excessive force lawsuit for $200,000

Lawsuit claims police officers beat woman at a downtown bar

By Aubrey Wieber, The Bulletin

A woman who claimed she suffered permanent memory damage after three Bend Police Department officers beat her at a downtown bar in 2013 will receive $200,000 from the city in exchange for dropping her lawsuit against the department, the city and the officers.

Kathryn Dailey, 40, was set to go to trial Monday before the case was dismissed with prejudice Friday, which means that Dailey can’t bring any further claims against the parties stemming from the same event. Dailey was suing for excessive force and wrongful arrest.

“We are pleased with the settlement, and hopefully it will be a lesson to the police officers who are apparently having some trouble over there,” Dailey’s attorney, William Brandt, said Friday.

Dailey, a physical therapist who used to live in Bend but is now in North Carolina, said at first she rebuffed the settlement offer, but changed her mind in order to avoid trial.

“There is always a risk in going to trial, and it’s hard to put a price on being permanently damaged,” Dailey said.

Anne Aurand, spokeswoman for the city of Bend, on Friday afternoon said the city and police department have yet to see the actual settlement document, and didn’t have much information.

“Both parties agreed to settle,” Aurand said. “We reached a settlement to avoid a trial.”

Dailey’s lawsuit claims she entered Velvet Lounge on Dec. 13, 2013, after seeing Mark Wirges, a friend, in the bar. Shortly after that, Wirges got into an altercation with another patron. The suit claims Dailey helped separate the two, and prevented Wirges from leaving a bathroom near the back of the narrow bar.

Officers Mike Hatoor, Rob Pennock, Tom Pine and James Kinsella arrived, and congregated in the narrow hall outside of the bathroom. They asked Dailey and Wirges to come out, the suit claims.

According to the suit, when Dailey opened the door, Pine and Kinsella grabbed Wirges, while Hatoor grabbed Dailey and slammed her to the ground, causing her head to hit the concrete floor. The suit claims that Hatoor then punched Dailey in the face, again causing her head to hit the floor.

Pennock then knelt on Dailey’s back while Hatoor cuffed her, the suit claims.

According to the lawsuit, as Dailey was being led out of the bar, Hatoor grabbed Dailey’s hair, “forcibly pulling her back into a horizontal position,” before Officer David Poole entered the bar and grabbed Dailey by the legs to help Hatoor pull her out of the bar. Poole and Hatoor then dropped Dailey on the ground in front of a squad car. Hatoor then forced Dailey into the car, smashing her head on the door jam in the process, while Poole opened the far-side door, and pulled Dailey through the car and onto the street, according to the lawsuit.

Throughout the process, Dailey repeatedly asked what she was doing to be treated so violently, and if she was under arrest, but she never received a response from the officers, the lawsuit claims.

According to the lawsuit, Dailey sustained closed skull fractures of the lower orbital rim and the inferior orbital floor, severe swelling, loss of consciousness and headaches, as well as injuries to her back, arms, wrists, ankle and hands.

Dailey was charged with resisting arrest, fourth-degree assault and attempted assault on a public safety officer in connection with the incident, but all charges were dropped in May 2014.

In addition to the police department and city, Hatoor, Poole and Pennock were also defendants in the lawsuit, which originally sought a minimum of $260,000 in damages. The Bend Police Department did not respond to a request seeking the status of the three named officers with the department.

The Bend Police Department declined to comment on the settlement.

“I just know that for myself, just to move forward, I needed to have some sensation that justice was served,” Dailey said. “That these guys were held accountable for what they did.”

­—Reporter: 541-383-0376, awieber@bendbulletin.com

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