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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Friday, July 09, 1999

Father, son sue Cheviot over arrests


Lawsuit: Officers ignored witnesses

BY BEN L. KAUFMAN
The Cincinnati Enquirer

        Gary and Adam Garvey sued Cheviot and some of its police officers Wednesday, saying they were wrongly arrested on charges of domestic violence.

        The Cheviot residents' civil rights suit, filed by attorneys William M. Gustavson and Timothy Smith, seeks $2 million.

        Co-defendants include Officers Mark Denney and Joseph Lally.

        The case began last July when Daniel Garvey — Gary's son and Adam's younger brother — called police during an argument with his father.

        Mr. Smith said the elder Garvey was disciplining his son for an inappropriate remark.

        Police responded to their North Bend Road home but the Garveys said officers ignored witnesses who insisted no domestic violence occurred.

        The complaint quotes Officer Denney saying, “Anytime I get a call on domestic violence somebody's got to go to jail” because “this is (then-Prosecutor Joseph) Deter's law.”

        Officers arrested Gary and Adam Garvey.

        A plainclothes officer observing the confrontation disagreed with the arrests, the complaint says, and pointed to one of the uniformed officers: “I don't want anything to do with it. ... This gentleman here is going to be the arresting officer.”

        Prosecutors dropped charges against Adam Garvey, and Mr. Smith persuaded Hamilton County Municipal Judge Robert Taylor to acquit Gary Garvey.

        Gary and Adam Garvey are seeking $1 million and Gary Garvey is seeking another $1 million in punitive damages.

       



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