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Man loses lawsuit against Lincoln police

Man loses lawsuit against Lincoln police

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A Lincoln man has lost his lawsuit seeking half a million dollars for injuries he said he suffered when thrown about in the back seat of a police cruiser in 2012.

But the judge didn't address the merits of Kirk Botts' suit against the Lincoln Police Department and Officer Phillip Tran, whom he accused of driving recklessly, speeding and taking corners too fast before taking him to jail on a domestic assault allegation Dec. 1, 2012.

Lancaster County District Judge Jodi Nelson dismissed the suit, saying Botts failed to file a tort claim with the city of Lincoln before filing his lawsuit, a step required by law.

Prosecutors ended up dropping the 2012 charge against Botts after a key witness recanted, but first, Tran arrested him, handcuffed him, put him in the back of a cruiser and headed to jail.

In the lawsuit, Botts said he ended up wedged between the front and back seats of the cruiser when Tran heard another call on his radio and went to help.

Botts sued a month later, saying the department owed him money because Tran hadn't properly secured him in the cruiser with a seat belt or other restraints.



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Public safety reporter

Lori Pilger is a Norfolk native and University of Nebraska-Lincoln graduate who has been a public safety reporter for the Journal Star since 2005.

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