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Caledonia man levels $101K lawsuit against La Crescent
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By Charlie Warner
Argus News Editor
La Crescent Police Officers Michael Ernster and Luke Ahlschlager, La Crescent City Attorney William Von Arx, as well as the City of La Crescent have all been named as defendants in a civil rights lawsuit that was recently filed in Houston County District Court by Tory Connor, 19, of Caledonia.
According to Tory’s father Mike Connor, also of Caledonia, his son is seeking $101,000 in damages over charges that stemmed from an incident that occurred in La Crescent last April.
Tory Connor contends his civil rights were violated when the police officers and Von Arx falsely accused him of drunk driving after he failed to show up in court to testify against Gabriel Bauer, 18, of La Crescent.
According to published reports, Ernster’s police report stated he observed a four-door Saab that he was following on April 14 suddenly turn and park in the driveway of a residence at 910 Birch Street, La Crescent.
As he approached the vehicle, Bauer fled from the back passenger door and Connor opened up the front passenger door and fled. When Ernster ordered the two to stop, Connor did, while Bauer continued to flee. She was later caught.
Bauer was named as the driver in Ernster’s report. The police officer concluded that Connor’s size prohibited him from crawling from the driver’s side into the passenger’s seat and out the passenger’s door that quickly. The car belonged to Bauer’s father.
Bauer was charged with drunken driving, fleeing an officer, drinking and driving and underage drinking. Connor was cited for fleeing an officer on foot and underage alcohol consumption.
Mike Connor said Ernster asked his son to make a statement two days later at the La Crescent Police Station.
“Tory was told if he made a statement, he would not be charged with a DUI or failure to take a test as the driver of the car,” Mike Connor said. “Officer Ernster also said because of Tory’s size, there was no way he could have crawled from the driver’s seat and into the passenger’s seat that quickly.”
On July 7 Tory Connor was to appear in court to testify that Bauer was the driver of the car. According to his father, Tory had car trouble in route from La Crosse to Caledonia and did not make the court date.
Three weeks later Tory Connor was charged with third degree driving while under the influence-refusal, third degree driving while under the influence, fourth degree driving while under the influence of alcohol, underage consumption-driver and fleeing a police officer.
Mike Connor feels these charges were leveled against his son because he did not show up to testify against Bauer. When asked why his son wasn’t cited for contempt of court, Connor replied the case was not heard on July 7, 2009.
According to District Court Administrator Darlene Larson, the court date was July 7, 2009, but there was no hearing. The defendant Gabriel Bauer submitted a waiver of appearance, which was granted by the court.
Bauer was convicted in October of fleeing an officer, underage drinking and underage drinking and driving and was sentenced to supervised probation.
On Nov. 24, 2009 Judge James Fabian dismissed all the charges against Tory Connor except the fleeing on foot charge for lack of probably cause and stated, “the evidence overwhelmingly supports that Tory Connor was a passenger in the vehicle.”
Mike Connor feels his son’s civil rights were violated when the City of La Crescent filed the charges against his son on July 24, 2009. Tory Connor is seeking $101,000 in damages because in order to have the case heard in federal court, the damages must be over $100,000.
“An intentional false arrest is a misdemeanor. Conspiring to make a false arrest is a felony, and that’s what the La Crescent Police Department and the city’s attorney did,” Connor said.
“There are too many good cops out there to let this go unchallenged. What they did to Tory was not only wrong, it was illegal. And if it can happen to Tory, I wonder how many other persons this has happened to,” Connor added.
Connor said he has requested the arrest records and plea bargains that have taken place with the La Crescent Police Department over the past four years. He said he also contacted the Houston County Sheriff’s Department and FBI about the case, but has not received a response.
When asked if he had any comments on the case, La Crescent Chief of Police Todd Nelson said he would have to refer all questions to the city attorney.
Von Arx’s office was contacted Friday morning but declined to make any comment.
A hearing date for the law suit has not been set.
You can contact Charlie Warner at
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