Huntington
settles freelance journalist’s false arrest suit
Joseph Pniewski an investigative journalist has agreed to
settle his lawsuit against the city of Huntington alleging police violated his
constitutional rights when they arrested him nearly two years ago for filming a
traffic stop.
According to the suit filed Aug. 24, Pniewski witnessedcops Cowell, Leist and Bentley conducting a search
of a vehicle and its occupants in an alley off Northcott Court in the Fairfield
West project on Sept. 29, 2011. Pniewski, who lives nearby on Daulton Ave.,
began filming the search.
Shortly thereafter, Pniewski was approached by Officer Dana
Cowell, who inquired as to what he was doing. In response, Pniewski said he was
“videoing for the purpose of community response and to assess if the officers
were conducting their job properly.”
According to the suit, Cowell instructed Pniewski to “go
around the corner.” Though Pniewski backed up a “significant distance,” Cowell
again instructed him to go around the corner, the suit says.
At that point, Pniewski inquired if he was not allowed to
film the search to which Cowell allegedly replied “Yes.” After that, Pniewski
says he backed away further.
When Cowell again ordered him to leave the area, Pniewski
offered to back up even further, and inquired why he had to leave, he says.
According to the suit, Cowell said he was concerned for his safety.
To help alleviate his fears, Pniewski says he offered Cowell
to search him. Instead, Cowell arrested him, allegedly saying “It’s this
simple, I told you to leave the area.”
According to the suit, Bentley took possession of Pniewski’s
video camera after Cowell arrested him. Shortly thereafter, he, Cowell and
Leist huddled around it before one of them allegedly erased the footage he
shot.