Mokane man suing Callaway County sheriff department

A Mokane man is suing the Callaway County Sheriff’s Department over an incident that occurred in 2014.

The case of Melvin Atteberry v. Deputy Jordan Kent and Sheriff Dennis Crane was initially filed in state court in Callaway County in March but shortly afterward was moved to federal court.

Court records show on Nov. 16, 2014, Callaway County sheriff’s deputies, including Kent and other law enforcement officers, confronted numerous individuals in front of a private residence and in the driveway of the residence.

Atteberry was not a subject of any investigation nor involved with any confrontation.

After all suspect individuals had been removed from the scene, Atteberry opened his car door, and Kent then slammed the car door on Atteberry’s foot and would not release the door or allow Atteberry to remove his foot. This caused physical injury to Atteberry, who “was in so much physical pain that he clenched his jaw so tightly that it shattered his dentures.”

Atteberry claims Kent used excessive force in violation of the Fourth and 14th amendments to the U.S. Constitution as well as assault and battery as defined under Missouri law.

Atteberry claimed he suffered injuries and damages, including blunt force trauma, physical injury to his foot, bruising of soft tissue and other injuries. He said his body was rendered weak, stiff, sore and painful, requiring medical attention.

“The brutal assault on Atteberry at the hands of Kent caused Atteberry to be fearful for his life,” the suit claims. “The injuries to his body and the great fear for his safety have caused Atteberry pain of the mind as well as of the body and fear, apprehension, depression and consternation.”

Atteberry also claims Callaway County and Crane are liable in this case because they make policy for the county, including use of force policy that Kent would follow.

Atteberry is asking for damages in an amount in excess of $25,000.

Jefferson City attorney Marshall Wilson is representing Callaway County in this case and said it was too early to comment. He said he did expect it could take more than a year to go through the legal process.