Posted: Saturday, March 28, 2009 12:00 am
Insurance company will pay $64,900 to end false-arrest lawsuit against Corvallis
By BENNETT HALL
Gazette-Times reporter
Brian J. Noakes has settled his false DUII arrest lawsuit against the city of Corvallis and former Corvallis Police Officer Dave Cox for just under $65,000.
Cox arrested Noakes on June 17, 2007, on suspicion of driving under the influence of intoxicants, even though drug and alcohol tests showed the 23-year-old accountant was sober at the time.
On April 1 of last year, Noakes filed suit in U.S. District Court in Eugene, seeking an unspecified amount of damages for false arrest and negligence. His wife, Aslan Noakes, also was a party to the suit, claiming Cox violated her civil rights when he threatened her with his Taser during her husband's arrest.
Last month the city's insurance carrier agreed to settle the case by paying $64,900. According to Assistant City Manager Ellen Volmert, $40,000 went to the Noakeses, with the rest going for legal fees.
In addition, Corvallis Police Chief Gary Boldizsar wrote a short letter acknowledging Noakes' innocence.
"The City subsequently determined that Mr. Noakes was not under the influence of any intoxicants or any controlled substance, and that he was arrested without probable cause," the letter reads in part. "We wish him the best of luck with his future endeavors."
Because it's considered a traffic offense, Noakes' DUII arrest remains on his record, even though all charges against him were dismissed. However, a proposal now before the Legislature would make it possible for Oregonians to have the record of a traffic-related arrest expunged. The bill unanimously cleared the House and has been referred to the Senate Judiciary Committee.
Noakes declined to comment on his case, but his attorney said the settlement might keep other motorists from being falsely accused in the future.
"I think education is the number one thing here," said Dan Rayfield, a lawyer with the Albany firm of Weatherford, Thompson, Cowgill, Black & Schultz. "When they realize there are repercussions for their actions, I think that's a natural deterrent."
Even though it was covered by insurance, the Noakes settlement was quite a bit costlier than two earlier claims of false DUII arrests by Cox. Those cases, both from 2004, were settled for $2,500 and $3,000, respectively.
One more lawsuit still is pending.
Carl Feher, also represented by Rayfield, was arrested for DUII by Cox on June 19, 2006. According to police reports of the incident, Feher passed a breath test for alcohol and a trained examiner found no evidence of drug use. A urine test also came back negative for drugs.
No trial date has been set for the Feher suit.
Officer Cox made hundreds of DUII arrests in his six-year tour of duty with the Corvallis Police Department, winning praise from his superiors and a statewide award for his enforcement efforts.
But in the end, the Noakes incident cost him his job. A departmental investigation determined that the Noakes arrest was improper, and Cox resigned from the force Nov. 1, 2007.
Cox later moved to Idaho, where he opened a private investigation agency that specializes in helping people charged with driving under the influence defend themselves in court. He's even written a book on the subject: "How to Fight a DUI Arrest."
Bennett Hall can be reached at 758-9529 or bennett.hall@lee.net.