By ROBERT A. CRONKLETON
The Kansas City Star (Missouri)
The parents of a Fairmount Township Fire Department volunteer firefighter killed while responding to a Leavenworth County accident claim their constitutional rights as well as their sons rights were violated.
Marlene and Patrick Moore, along with the estate of Jared Michael Moore, filed a lawsuit Dec. 27 in U.S. District Court in Kansas City, Kan., against Leavenworth County; County Commissioners Donald Navinsky, Clyde Graeber and Dean Oroke; Sheriff David Zoellner and Deputy Robert L. Peterman Jr.
Among the allegations, the Moores claim that county officials and sheriffs deputies attempted to intimidate the Moores when they tried to speak publicly about their sons death.
The Moores seek $2 million in actual damages and $2 million in punitive damages.
Leonard L. Ayres, executive director for the sheriffs office, declined to comment and referred questions to County Counselor David Van Parys, who could not be reached for comment.
Jared Moore, 19, of Basehor died Dec. 29, 2004, from injuries suffered in an early-morning crash involving a deputys cruiser. The two cars collided as they both responded to a single-vehicle rollover accident at 158th Street and Donohoo Road near Basehor.
Before the crash, Moore was northbound on 155th Street in his own car, a 1994 Dodge Shadow. Peterman, who allegedly had turned off his video camera, was behind him in a Ford Crown Victoria. As they approached Donahoo Road, Moore slowed to turn left. Petermans car struck Moores from behind.
The Kansas Highway Patrol estimated that Peterman was going at least 85 mph, according to the lawsuit.
A Leavenworth County jury in September found Peterman not guilty of vehicular homicide in connection with the crash. The jury deliberated the misdemeanor charge for about two hours.
According to the lawsuit, the Moores claim that the county knew that Peterman had previously wrecked three other deputy cruisers.
The Moores claim, among other things, that the county created the dangerous circumstances that allowed Peterman to inflict deadly force on their son. They claim that the county does not properly train and supervise their deputies in high-speed operation of vehicles.
The Moores contend that by these actions, the defendants violated their sons U.S. and state constitutional rights. The Moores claim that the defendants actions deprived their son of his life, liberty and property. Moreover the actions were with willful, wanton and reckless disregard for the Moores rights.
The Moores also claim their constitutional rights are being violated because sheriffs deputies have been tailing and harassing them since September. They claim they feel physically threatened and if they continue to speak out about their sons death, there will only be further threatening and harassment by deputies.
They also claim that the county has violated Kansas open records law by denying them access to records concerning their sons death.