An Osterburg man who said he was doing tax research before being tasered at the county courthouse is suing Bedford Borough and one of its officers.
And the tape recorder that got Don Ralph Ickes in trouble in the first place – if admissible in court – may have captured key evidence in the case.
Ickes said he went to the Bedford County Courthouse on Feb. 13, 2008, to visit the law library.
Told that it was closed, he went to the tax assessor’s office to review tax maps.
Borough police Officer Dean Kensinger Jr. saw Ickes there and asked to speak with him in the hallway.
According to the lawsuit Ickes filed in U.S. District Court in Johnstown, Kensinger said “(Ickes) was violating the law by using a tape recorder in public without the consent of those who may be recorded.”
Ickes replied that he was recording his research. With the tape machine still running, Ickes said he was not violating the law and started to walk away.
“Officer Kensinger then grabbed the plaintiff and forcefully attempted to stop him from leaving the area and to force him to turn off his tape recorder,” the suit claims.
Ickes said he pulled away, they parted and Ickes questioned the officer, saying he had not violated any laws.
“Officer Kensinger then tasered plaintiff multiple times, which caused plaintiff to fall to the floor in great agony and pain,” the lawsuit claims.
He then was arrested and taken to jail. The suit says Ickes began to have breathing problems and spent four days in UPMC Bedford Memorial. Upon leaving the hospital, he was jailed again but posted bond and was released a day later.
Ickes is suing Kensinger for arrest and imprisonment without cause and use of excessive force, and the borough for failing to ensure the officer was properly trained. He is seeking unspecified monetary damages.
Borough Manager John Montgomery said Wednesday he wasn’t aware of the case and said it would be turned over to attorneys.
Ickes’ criminal case still is pending. He faces charges of intercepting communications, disorderly conduct and resisting arrest.
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