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Settlement deal rejected in deputies' case

A proposed settlement agreement in a federal court case against two Leelanau County sheriff's deputies has been rejected by both the plaintiff and the defendants.


Earlier this month, the Leelanau County Board of Commissioners held a closed session to discuss a possible settlement agreement in a year-old case in which the two deputies were accused of assaulting a drunk driving suspect and violating his civil rights by entering his home and taking him to jail nearly two years ago.

An attorney for Leelanau County, Christopher Cooke of Traverse City, told the Enterprise this week that a monetary settlement proposed by a case evaluation panel had been rejected by all parties in the case. Now, the plaintiff and both defendants are asking federal court judge Robert Holmes Bell to render a summary judgment.

The plaintiff is former Elmwood Township resident Charles M. Hameline. The defendants are Leelanau County sheriff’s deputies Duane Wright and James O’Rourke.

A motion for summary judgement filed by Cooke on behalf of the defendants asked that O’Rourke be dropped from the case because he had been invited to enter the plaintiff’s home by the plaintiff’s mother after Wright had already entered the home. Coincidentally, O’Rourke retired from the Sheriff’s Department earlier this month after more than 30 years of service.

The defendants’ motion also argued that the case against Wright should be dismissed because Wright, like O’Rourke, is entitled to “qualified immunity.” The motion noted that Wright was “making critical decisions in a matter of seconds” as events unfolded the night Hameline was arrested.

Responding to a report of a suspected drunk driver, Wright spotted Hameline’s car stuck in the snow and followed tracks to Hameline’s mother’s house where Hameline was subsequently arrested.

Hameline was never convicted of drunk driving, however, because a local judge questioned whether Wright had a legal right to enter Hameline’s residence. Instead, Hameline was issued a careless driving ticket.

Officers said Hameline became violent when confronted by the deputies, requiring that they pepper-spray and restrain him.

Leelanau County attorney Cooke said he expected the motions for summary judgment would be heard by Judge Bell in federal court in Grand Rapids within 30 to 45 days.

Hameline’s attorney, Frederick L. Schmoll III of Harbor Springs, did not return a reporter’s phone call.

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