A federal judge in Wilmington today signed an order terminating the lawyer-client relationship between an officer suing the City of Roanoke Rapids and its law enforcement agency, according to records filed in the case.
District chief Richard E. Myers II signed the resolution requiring the plaintiff in the case, Daniel W. Jenkins, to either file a self-advocacy statement or have a new attorney file a statement of appearance. The order requires this submission to be made within 21 days.
“If Mr. Jenkins fails to comply with this order, he may be subject to sanctions including, but not limited to, the dismissal of this lawsuit.”
The order also states: “A self-represented party is responsible for knowing and complying with all applicable rules and outstanding deadlines for this action.”
Myers ‘verdict comes after Jenkins’ attorney Anthony Cuticchia filed notice last week that he was fired.
Jenkins wrote in an email to his former attorney that he appreciated the services but that he felt it was necessary to find another attorney.
The lawsuit also comes after Myers fired former Roanoke Rapids Police Chief Chuck Hasty last week in his official capacity as a defendant. Hasty, now the Enfield Police Chief, was also released as a defendant in his individual capacity.
The civil lawsuit filed on behalf of Jenkins is now run as Jenkins Against the City and the Police Department.
The lawsuit relates to a call on July 28, 2018, to which Jenkins, as a dog handler for the city police, responded after a person was stopped for a rear light violation.
The driver had a gun within easy reach.
The driver asked for a supervisor, and according to the lawsuit, both he and the responding officer who stopped traffic after asking the person to get off the vehicle several times attempted to remove the person.
The lawsuit alleges that after several attempts by officers, it was decided to use the dog, which bit the driver’s ear and caused minor injuries.
The lawsuit says that the next day, Hasty had an officer review the matter for excessive use of force. This officer’s opinion was that Jenkins’ actions showed no wrongdoing.
The lawsuit alleges that Hasty chose to ignore the finding and conduct a second review.