Sober man arrested for drunk driving sues city of Corvallis
Friday, April 4, 2008 11:22 AM PDT
CORVALLIS — A Corvallis man wrongly arrested for driving under the influence of intoxicants has filed a lawsuit against the city and a former police officer, seeking an unspecified amount of money for false arrest and civil rights violations.
Brian Noakes, 23, was arrested by Dave Cox last June near the Oregon State University campus. Cox suspected marijuana use because the driver’s eyes were glazed and bloodshot.
Noakes said he had never used marijuana, and his eyes were red because of a cold. While Noakes was being placed under arrest, his wife, Aslan, approached Cox and asked what was happening. The officer reportedly threatened to use his stun gun if she didn’t step back.
She also is a plaintiff in the lawsuit.
A breath test at the county jail showed that Noakes had no alcohol in his system and a urine sample sent to the state police crime lab came back negative for drugs. The district attorney declined to prosecute. The lawsuit claims the city was negligent by failing to properly supervise Cox, despite a string of similar unjustified DUII arrests.
‘‘Brian Noakes was not an isolated incident,’’ said Dan Rayfield, the Albany attorney representing the Noakeses.
