LEXINGTON — A federal judge Thursday dismissed a lawsuit against the city of Richmond and one of its police officers which alleged a case of mistaken identity violated her constitutional rights.
Debra L. Wren filed the suit in November 2006, more than a year after an incident in which she claims she was arrested on charges her former sister-in-law with the same first and last name — spelled slightly different — allegedly committed.
U.S. District Judge Jennifer B. Coffman entered the judgment affirming that Richmond Police Detective Rodney Richardson not only acted within his responsibilities based on probable cause, but also that once he realized the mistake, he acted quickly to correct it.
“Obviously we are pleased with the result and the court’s finding that no constitutional violation occurred,” said Charley Cole, attorney for the city and Richardson.
The suit stemmed from a credit card theft and subsequent fraudulent use at a Richmond Redi Mart. The fraud victim identified one of the involved suspects as Debra Wren, whom she had seen that day when she performed a urinalysis for Wren at Madison County Drug Court.
With that name, Richardson obtained a video of the Redi Mart activity and conducted a “mug shot” search for Debra Wren in a police department database, court documents state. A photo of Debra Wren was found in the database because “she had previously been arrested and booked for the felony of theft by unlawful taking (“tbut”)/shoplifting in 2002 — a crime all too similar to the tbut, i.e. theft and fraudulent use of (the victim’s) credit card,” court documents state.
Reportedly, the mug shot photo and video from the Redi Mart seemed to match, so Richardson swore out a warrant for Wren’s arrest. After being served with the arrest warrant by another RPD officer, Wren complained she was wrongfully accused and that it was her former sister-in-law who was to blame.
“The facts as developed in discovery clearly indicated that Detective Richardson had probable cause to support the arrest of Debra Wren,” Cole said Friday. “Once it was realized that there were two Debra Wrens (Debra L. Wren and Debora K. Wren) in the city of Richmond, the record reveals that Detective Richardson immediately took action to secure the release of Debra (L.) Wren.”
Coffman agreed.
“Viewing the evidence in the light most favorable to the plaintiff, the court finds that the warrant for Debra Wren’s arrest was supported by probable cause,” Coffman’s ruling states. “... Thus, the plaintiff’s arrest and detention were also supported by probable cause. Therefore, the plaintiff’s constitutional rights were not violated by the actions of the city of Richmond or Detective Richardson.”
Attorney for Wren, Brian Canupp, is not convinced.
“Anytime a person is wrongfully incarcerated it creates a difficult situation for all those involved,” Canupp said. “We disagree with the judgment that was entered by the court in the matter of Wren v. City of Richmond. At this time, it has not been possible to do a thorough review of the opinion with Ms. Wren and to discuss her options, including a request to reconsider the decision or file a direct appeal to the Sixth Circuit Court of Appeals.”
“We do not anticipate an appeal,” Cole said, “but we feel confident that the judgment would be affirmed by the Sixth Circuit Court of Appeals.”
Kelly Foreman can be reached at kforeman@richmondregister.com or 624-6694.
Local News
Judge rules in city’s favor
Federal rights lawsuit
- Local News
-
-
Friday at library : Lecturer to portray founder of Berea
John G. Fee, abolitionist and founder of both Berea and Berea College, will be portrayed Friday night by performer Obadiah Ewing-Roush as part of Kentucky Humanities Council Chautauqua performance series at the Madison County Public Library. There is no charge to attend the 7 p.m. event.
As the son of a slave-holding father, Fee witnessed firsthand the benefits of having slaves and the profits that could be made from their labor. When he graduated from college and enrolled in Lane Theological Seminary, he began to understand the inherent wrong and destructiveness of slavery. -
Berea woman dies Tuesday in Laurel County crash
A Berea woman, Tommie Johnson, 60, died Tuesday evening in a Laurel County crash, according to the the Laurel Sheriff’s Office.
The accident took place about 7 p.m. at the junction of Maple Grove Road and KY 363 south of London, as Johnson was attempting to turn onto the state highway.
Laurel County Chief Deputy Eddy Sizemore said Johnson’s Chevrolet Cavalier pulled out in front of a Dodge Durango driven by Charles Joseph, 19, that was traveling south on KY 363.
After being extricated from her vehicle, Johnson was transported to St. Joseph-London hospital, where she was pronounced dead.
Joseph also was transported to the hospital, where he was treated for minor injuries, according to the accident report. -
Finally February
Ian Rosser, an Eastern Kentucky University student from Lexington, clears snow from his car parked on campus Wednesday
morning after about an inch of snow fell in Richmond. Temperatures are forcast to be in the upper 40s today. Kentucky has seen a lot of rain in the past few months, as was predicted by the Farmer's Almanac, but very little snow has fallen. -
Volunteers needed for equine therapy
The Appalachian Foothills Therapeutic Equestrian Center will be hosting two, one-day volunteer training workshops for those interested in helping others with special needs.
The volunteer orientation days will be Friday and Saturday from 10 a.m. to 3 p.m., but only one day of training is required, according to Mark Martin who co-owns Appalachian Foothills Therapeutic Equestrian Center (AFTEC) with his wife Cheryl.
The all-volunteer organization, which is based in Jackson County, uses horses to help humans deal with physical and emotional challenges. -
Man accused of holding samurai sword to girlfriend’s throat
A Madison grand jury will hear the case of a man accused of threatening to cut his girlfriend’s head off, and attacking her father with a samurai sword.
Russell M. Masters, 42, of Richmond, is charged with two counts of first-degree wanton endangerment, which is a Class D felony, and fourth-degree assault (domestic violence with minor injury) and resisting arrest, which both are Class A misdemeanors. Masters could receive one to five years in prison on each wanton endangerment charge, and the misdemeanors both carry a maximum sentence of one year in jail. -
Arrest made in connection with stolen jewelry, computer
Richmond police have made an arrest in connection with property stolen from two homes last fall.
A woman reported to police Monday that she had discovered several items that were missing from her home on South Killarney Drive and her grandmother’s home on Raintree Drive, according to Richmond Police Chief Larry Brock. The items were a set of gold hoop earrings, a white Sony Vaio laptop, a yellow gold heart pendant, a gold tennis bracelet and a ladies’ wedding band with a diamond setting.
The complainant said the belongings had gone missing sometime between August and October. -
US 25 business owners scared of five-lane plan
Voices of Berea business owners upset about upcoming construction on US 25 will be taken to the state level, according to city administrator Randy Stone.
Several people operating businesses along a section of US 25 gave comments Tuesday to the Berea City Council, asking them reconsider plans to widen the road to five lanes.
The design is a five-lane highway with a center turn lane and a 10-foot shared use path on one side and a 5-foot sidewalk on the other side. -
Grand jury to hear copper theft case
The attorney for a man accused of stealing copper from a handful of electric poles questioned his identification as the same person who took copper from 32 poles two days earlier.
Public defender Meena Mohanty questioned Richmond police officer Nicholas Duvall during a preliminary hearing Wednesday in Madison District Court. Her client, Jeffrey W. Nester, 46, of Fourth Street, was arrested in connection with a Jan. 23 copper theft. He is charged with second-degree criminal mischief, theft by unlawful taking, possession of burglary tools and failure to notify address change to the Department of Transportation. These charges are all misdemeanors that, at most, carry a sentence of one year in prison. -
Judge weighs constitutionality of legislative redistricting
Kentucky’s deadline for filing to run for legislative seats was in flux on Monday because a judge did not immediately rule on a lawsuit challenging the constitutionality of newly redrawn district boundaries.
Franklin County Circuit Judge Phillip Shepherd said he expects to enter a ruling in the case by mid-week.
-
Couple recovering from injuries suffered in weekend house fire
A couple was hospitalized after their home was set ablaze Sunday by a spark from a cigar, according to a county fire official.
County Fire Chief Jim Cox said the city and county fire departments were called to the home at 111 Concord Road in the early afternoon. Waco Volunteer Fire Department and the Richmond Fire Department also responded.
- More Local News Headlines
-
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
Homs Bombardment Continues, Global Outcry Grows
Raw Video: Dog Rescued From Icy Colo. Water
Skip the Coffee Cup and Inhale Your Caffeine Fix
