Lawsuit alleges constitutional rights violations in the officer-involved shooting death of Pocatello man

POCATELLO — A suit revenge pinch nan national tribunal successful Pocatello claims a Pocatello Police sergeant violated a man’s law authorities erstwhile nan sergeant changeable and killed nan man past January.

The lawsuit, revenge connected behalf of nan property of Matthew Planer and Planer’s mother, alleges galore authorities violations by Sgt. Rich Sampson, Officer Breyvon Johnson, Police Chief Roger Schei and nan metropolis of Pocatello.

Planer was pronounced dormant astatine nan segment aft he was changeable by Sampson during an investigation into a disturbing nan bid allegation.

The shooting was investigated by nan Eastern Idaho Critical Incident Task Force, led by nan Idaho Falls Police Department. When that investigation is completed, a study is provided to nan section prosecutor’s office, which past decides if nan shooting was justified, according to Idaho Falls constabulary PIO Jessica Clements.

EastIdahoNews.com has reached retired to nan Bannock County Prosecutor’s Office regarding that determination and will update this communicative erstwhile that accusation is made available.

RELATED | Authorities merchandise caller specifications astir man killed successful confrontation pinch Pocatello police

The lawsuit, which was revenge Jun 14, claims 10 violations by nan defendants: wrongful decease by usurpation of Fourth Amendment rights; wrongful decease by negligence; wrongful decease by negligent entrustment; wrongful decease and battery; 2 causes of unlawful seizure successful usurpation of nan Fourth and Fourteenth Amendments; unlawful seizure by excessive force; nonaccomplishment to train and supervise; deficiency of argumentation aliases unconstitutional argumentation and practice; and nonaccomplishment to intervene.

“The metropolis of Pocatello does not remark connected pending litigation,” Pocatello spokeswoman Marlise Irby-Facer told EastIdahoNews.com.

The lawsuit revolves astir an incident that occurred connected Jan. 27, 2023.

Officers responded to a telephone reporting a disturbance astatine an flat analyzable connected West Center Street astir 12:30 p.m. The caller told constabulary Planer came to her apartment, knocked connected her doorway and, erstwhile she answered, took her telephone from her. She said she was capable to return it backmost forcibly and that Planer was acting erratically.

According to Schei, who held a news convention to reside nan shooting six days aft it occurred, Planer was acting erratic from nan clip he answered nan door. The constabulary main said Planer was pacing nan flat and acting unpredictably.

According to nan lawsuit, allegations made by nan 911 caller could not beryllium corroborated.

Planer was “minding his ain business” successful nan moments starring up to a confrontation, nan suit says. He was sitting connected a chair extracurricular of his flat erstwhile nan caller came retired of her flat to return a image of him without his permission. Upset by this penetration of his privacy, Planer grabbed nan telephone from nan female but gave it backmost earlier retreating wrong of his apartment.

“The reporting statement later admitted that Mr. Planer did not make immoderate beingness interaction pinch her person,” nan suit says.

The caller informed nan officers of her intent to property charges, truthful nan officers — Sampson and Johnson — went to Planer’s flat to question and reply him. Planer, however, declined to reply immoderate questions.

Sampson, nan suit alleges, “unlawfully placed himself wrong nan doorway of Mr. Planer’s apartment,” blocking Planer from being capable to time off aliases shutting nan door.

The officers demanded Planer place himself, which he did providing a authorities ID card. At that time, nary citations had been issued, nor had immoderate warrant been served, nan suit says.

Both officers disregarded Planer’s repeated requests that they time off his home, alternatively entering nan doorway and continuing to artifact Planer from leaving aliases closing nan door.

“Sgt. Sampson continued to usage his assemblage to forestall Mr. Planer from shutting nan doorway until Mr. Planer was fixed nary different action than to forcibly unopen nan doorway connected Sgt. Sampson, thereby pushing Sgt. Sampson retired of nan apartment,” nan suit says.

It was past that officers informed Planer he would beryllium issued a citation, asking if he would for illustration to stay wrong of his flat aliases spell to nan constabulary cruiser while he waited for nan citation. He chose to stay astatine his apartment.

Sampson, nan suit says, waited successful nan flat pinch Planer while Johnson retrieved nan citation.

“Sgt. Sampson unashamedly refused to springiness Mr. Planer his ID backmost and began to reprimand Mr. Planer, telling Mr. Planer that he was done pinch Mr. Planer’s cognition and wanted Mr. Planer to extremity disrespecting him,” nan suit says. “Once Officer Johnson went downstairs, Sgt. Sampson unveiled his existent temperament towards Mr. Planer and began to yell, bully and berate Mr. Planer.”

Sampson forced Planer to comply pinch “unlawful orders” to beryllium softly successful his apartment, according to nan lawsuit.

“Sgt. Sampson’s behaviour served to effectuate an unlawful seizure of Mr. Planer successful his ain home,” according to nan lawsuit. “Again, nary warrant had been issued and nary warrant objection is applicable. Rather than time off Mr. Planer and rumor nan citation done different intends aliases obtaining a warrant, Sgt. Sampson continued to outcry astatine Mr. Planer while wrong of nan apartment, efficaciously seizing Mr. Planer and going well-beyond nan scope of his authority and successful usurpation of Mr. Planer’s law rights.”

Sampson was adjacent nan doorway erstwhile Planer “grabbed an object” from nan room descend — reportedly a medium-sized room knife. Sampson backed retired of nan flat and drew his gun.

“Once Sgt. Sampson was retired of Mr. Planer’s apartment, nan entity was dropped,” nan suit says.

Despite Planer dropping nan “object,” nan suit says, Sampson called Planer a “motherf****r” and changeable him “in nan halfway of nan chest.”

“Sgt. Sampson gave Mr. Planer nary informing to driblet nan entity aliases to spot his hands successful nan air,” according to nan lawsuit. “… Mr. Planer was wrongfully killed by Sgt. Sampson, which was preceded by a litany of violations against Mr. Planer’s law authorities and yet culminated into an unlawful usage of excessive force.”

According to Schei, Planer pulled nan weapon from nan sink, forcing Sampson to backmost distant and create abstraction betwixt him and nan knife. Schei said during nan news convention that nan serviceman and Planer were only a fewer feet apart, which created a imaginable threat to nan officer’s safety.

Both officers, Schei continued, attempted life-saving efforts but were unsuccessful.

Planer’s mother has since suffered damages, including “severe affectional distress, aesculapian bills, ceremonial expenses, nonaccomplishment of income and financial support, symptom and suffering, nonaccomplishment of acquainted relationship, nonaccomplishment of consortium, nonaccomplishment of services and nonaccomplishment of support,” according to nan lawsuit.

Sampson, nan suit alleges, violated nan law authorities protecting Planer from forbidden hunt and seizure, and providing him owed process. Johnson allegedly grounded successful his “obligation to intervene to forestall Sgt. Sampson from infringing upon nan law authorities of Mr. Planer.” And Schei arsenic good arsenic nan metropolis of Pocatello grounded successful providing due training, nan suit states.

Sampson has been progressive successful astir six officer-involved shooting investigations — contempt this, nan metropolis and Schei “continued to employment Sgt. Sampson permitting him to transportation a firearm” erstwhile they “should person known that Sgt. Sampson is apt to usage a firearm successful specified a mode arsenic to create an unreasonable consequence of harm to others.”

The suit does not database a precise dollar magnitude requested arsenic alleviation but asks for a assemblage trial, saying its petition is greater than $10,000.

An first proceeding day has yet to beryllium group but nan lawsuit has been assigned to Chief District Judge Lynn Windmill.