By Richard Ilgenfritz
A lawsuit was recently filed
against Lower Merion Township and two police officers for alleged civil rights
violations in connection with the man’s arrest and allegations that police
officers violated his civil rights by taking his car.
According to the complaint that
was filed as part of a federal lawsuit last week, Lower Merion police officers
confiscated a car belonging to the plaintiff, Gene Linkmeyer. The complaint
also alleges that Linkmeyer “was assaulted by police and then subsequently,
falsely arrested, falsely imprisoned and maliciously prosecuted by the Lower
Merion Township police department.”
“Plaintiff’s arrest,
imprisonment and prosecution was without probable cause, for crimes which he
did not commit, by the officers of the Lower Merion Township police department,
including, but perhaps not limited to the individual Defendants named herein,”
the suit claims.
When contacted, Lower Merion
officials declined to comment on the case. Jeffrey Lessin, the attorney for
Linkmeyer, when contacted, said he would have to speak with his client or ask
his client if he wanted to be interviewed. Neither followed up with Main Line
Media News.
Court records state that
Linkmeyer is asking for monetary relief for alleged violation for the fourth
and 14th amendments.
The points made in the
complaint date back to Nov. 10, 2012 when Linkmeyer says police took his 1999
Toyota Camry and gave it to Linkmeyer’s wife. The suit contends that Linkmeyer
and his wife, Marlene, were going through divorce proceedings at the time and
that he had allowed his wife to use the car. A judge, Kathryn Wall, ordered her
to maintain the insurance on the car, the suit claims.
Linkmeyer’s suit says that he
took his car back Nov. 10 of 2012 when he learned that car had been ticketed in
numerous jurisdictions for various violations and for her allowing the
registration to expire.
Linkmeyer said in the suit that
as the registered owner of the car the tickets subjected him to arrest if not
paid.
He also said he informed his
wife and her lawyer that he was taking the car back if she could not show proof
of registration, payment of the tickets and the proof of insurance. Once he
took the car back, his wife then reported the car stolen to police.
When police went to Linkmeyer’s
home, he said police checked the DMV report on who was the owner of the car.
The report came back that Linkmeyer was the owner.
Linkmeyer said police then told
him, “Well, we are taking your car.”
The car was then taken to
Marlene Linkmeyer, court records state.
Linkmeyer said an officer
placed his hand on Linkmeyer’s chest and forcefully shoved him. The lawsuit
then says that on Dec. 4 and again Dec. 5, Linkmeyer was arrested for violating
a Protection From Abuse (PFA) against his wife. However, Linkmeyer says the PFA
against him did not prohibit him from having any direct contact with his wife.
“Plaintiff Gene M. Linkmeyer
also lived in constant fear of additional use of excessive force on him by
defendants, and additional false arrest, including, but not limited to false
arrest for alleged violation of his conditions of pre-trial bail,” the suit
contends.
Jailed for 13 years, man sues
for wrongful arrest, imprisonment