Man plans to sue St. Paul, police over beating at jail

Last update: June 15, 2009 - 11:28 PM

A 28-year-old man who said he was beaten in the Ramsey County jail by an off-duty St. Paul police officer has filed notice that he plans to sue the city of St. Paul and the Police Department.

Luke Prescott of South St. Paul "will be seeking damages ... based on but not limited by ... common law assault and battery, negligence, intentional infliction of emotional distress, negligent hiring, negligent training and/or supervision, abuse of process" and violations of the U.S. and Minnesota constitutions, according to a "notice of claim" filed in the city clerk's office last week.

The notice said Prescott will ask for damages in excess of $50,000. It's unclear whether the lawsuit will be filed in state or federal court.

The officer, Scott D. Wendell, 45, of Columbus, is charged in Ramsey County District Court with third-degree assault. His next court hearing is scheduled for July 9 before District Judge John Guthmann.

Wendell is on unpaid leave from the Police Department pending resolution of the criminal case and then an internal affairs investigation, said police spokesman Sgt. Paul Schnell.

According to the criminal charges, Wendell went to the jail while off duty Nov. 2 after colleagues told him that they had taken Prescott into custody and that Wendell's stepdaughter was with Prescott at the time of the arrest.

Another officer told authorities that he saw Wendell push Prescott into the back wall of the cell and that the officer walked away thinking, "I didn't want to be part of this," the complaint said. The officer said he returned to find Prescott in a pool of blood on the cell floor.

Prescott suffered a 4-inch cut to the back of his head that required 12 staples to close. His mother has said Prescott was handcuffed at the time.

PAT PHEIFER

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