Caledonia Argus

Judge rejects request for restraining order against cops

Posted: 2/11/03

by Andrew Miller
Argus News Reporter

Petitions for harassment restraining orders filed by Mark Knutson against Officer James Logan of Caledonia Police and Spring Grove Chief of Police Paul Folz were dismissed by Judge James Fabian on February 6.

Knutsonís request stems from an incident that occurred December 6 in which he claims Logan struck him in excess of 30 times and sprayed his nine-year old son with mace, and Folz kicked him in the ribs and stomach, causing severe internal injuries. Knutson also claimed that Logan and Folz harassed him at his place of work.

The February 6 hearing at the Houston County Courthouse saw Knutson, representing himself, call four local law enforcement officials to the stand: Logan, Folz, Caledonia Chief of Police Duane St. Mary, and Officer Heath Dienger of Caledonia Police.

Knutson alleged that the December 6 incident, in which he was arrested for violating an order for protection, involved him being knocked unconscious and subsequently having CPR performed on him by Dienger. Dienger testified that he never performed CPR and that Knutson exited the residence in which the incident occurred, though escorted by police, on his own power.

On the stand, Logan denied spraying mace at Knutsonís son, and testified that CPR was not administered and, furthermore, he didnít believe that Knutson ever stopped breathing throughout the incident.

Knutsonís claim that Logan and Folz harassed him at his place of work hinged on the notion that his boss had been upset when officers sought him out at work, and that Folz and Logan ìhad no rightî to be at the business. Logan and Folz testified that the instances in which they allegedly harassed Knutson at his place of work were both instances in which they were required by law to make contact with Knutson in regards to violating an order for protection.

In his final remarks, Knutson told Judge James Fabian, ìYour honor, I am definitely scared of Folz and Logan.î

Fabian replied, ìThen you need to avoid them, you need to be law abiding. Every time they (Logan and Folz) talked to you, they were required to talk to you. When they get a complaint, officers need to follow up on a complaint.î

Attorney Joseph Hammell, representing Folz, and attorney Tim Murphy, representing Logan, told the court that Knutsonís accusations remained unfounded, the officers were acting in the line of duty, and that Knutson hadnít ìshown there was any harassment whatsoever.î

In reference to the December 6 incident, Fabian stated that everything heíd heard in court indicated that the officers were affecting a lawful arrest, and in doing so, were allowed to use force when necessary.

Fabian added that he did not need to review the videotape of the incident or Knutsonís medical records relevant to the incident, since Knutsonís testimony as to the nature of his injuries, as well as Knutsonís failure to substantiate his claims in the courtroom, were sufficient to warrant a dismissal of the petition for harassment restraining orders.

Top of Page