A Riverton man who sued local police officers on claims they dragged him outside of his home without a warrant after linking him to a drunk driving tip, has settled with the state on the police department’s behalf for $55,000.
Neither the state of Wyoming nor Riverton Police Department officers Randy Foos, Steven Sullivan and Johnathon Johnson admit to wrongdoing or liability, according to a settlement agreement Cowboy State Daily obtained from the Wyoming Attorney General’s Office.
The lawsuit has been closed since September.
Frederick Hanway originally sued the RPD officers in February, alleging that they unlawfully entered his home after receiving a drunk driver tip in which the vehicle description matched a car parked at his home.
“The officers illegally entered and remained in Mr. Hanway’s home without a warrant, and involuntarily dragged him out of his home, instead of departing the residence as demanded,” says the complaint.
“As a result of Defendants’ unconstitutional conduct, Mr. Hanway was subjected to illegal entry, illegal seizure of his person and his blood, and 109 days in the Fremont County Jail.”
The warrant for Hanway’s blood was based on a “misleading and incomplete affidavit” by Johnson, the lawsuit complaint says.
Ultimately, the case judge suppressed the DUI evidence against Hanway because of those constitutional violations, the complaint alleges.
Generally, to enter someone’s home without permission, a police officer needs a warrant or exigent circumstances, such as a fresh pursuit or risk of harm or destruction of evidence.
Requesting Apology
Hanway in a statement sent Tuesday to Cowboy State Daily via his attorney Jonathan Gerard, wrote:
“I would like a public apology from the officers for what the officers did to me. I spent 109 days in jail because they violated my rights, and I’ll never get that part of my life back.”
Riverton Police Chief Eric Hurtado, who was not yet chief during the 2021 incident, told Cowboy State Daily the department itself was not served in this suit.
The Attorney General’s deputy who represented the officers did not respond to an email request for comment before publication.
But the settlement agreement indicates there will be no apology, as it specifies there’s no admission of wrongdoing by the government.
“The liability of (the officers and state) is disputed and this Agreement is a good faith compromise and settlement of disputed claims and causes of action in an effort to avoid the delay, inconvenience, expense and uncertainty of further litigation,” says the document.
Gerard told Cowboy State Daily in a text message on Monday that he’s pleased Hanway received some justice, though Hanway “has always” wanted the apology from the officers and RPD.
Clair McFarland can be reached at clair@cowboystatedaily.com.
