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Lawsuit filed against two PVPD officers, Town of Paradise Valley
<br />~Wrongful' arrest charged by concertagoew
<br />By lLANA RUBER
<br />Editor t. \} ,']::~ 1 }t, /~3
<br />Two Paradise Valley police
<br />officers have been named in a
<br />lawsuit filed by an attorney
<br />claiming his Constitutional rights
<br />were violated when the officers
<br />arrested him at a Guns 'N Roses
<br />concert last January.
<br />The Town of Paradise Valley is
<br />also named in the suit, filed in
<br />federal district court Dec. 23, for
<br />"inadequate training and supervi-
<br />sion" of the two police officers.
<br />Pinal County prosecutor John
<br />Adams Canby is alleging that he
<br />was the victim of wrongful arrest
<br />by Paradise Valley Police
<br />Sergeant Brian McFarland and
<br />officer Vince Leone for "illegal
<br />and inappropriate conduct" while
<br />at Compton TerraceJan. 31.
<br />The officers, along with a third
<br />Paradise Valley law enforcement
<br />official, were acting on the
<br />authority of a multi-jurisdictional
<br />undercover surveillance task
<br />force assigned to police the
<br />Chandler concert venue searching
<br />for drug and liquor law vio-
<br />lations.
<br />The lawsuit states that Sgt.
<br />McFarland and Officer Leone
<br />illegally seized two concert tick-
<br />ets from Mr. Canby's companion,
<br />who was allegedly attempting to
<br />resell the tickets.
<br />Mr. Canby, who prosecutes drug
<br />offenders in Pinal County, was ar-
<br />rested and charged with disorderly
<br />conduct for allegedly disclosing to
<br />other concert-goers that the two
<br />officers were undercover law
<br />enforcement agents.
<br />The lawsuit further alleges that
<br />when Mr. Canby questioned why
<br />the police officials confiscated the
<br />tickets and asked the officers to
<br />identify themselves, Sgt.
<br />McFarland and Officer Leone
<br />"without warning, blindly attacked"
<br />Mr. Canby and "without warrant or
<br />probably cause, pounced" on him.
<br />Police later arrested and charged
<br />Mr. Canby with disorderly conduct.
<br />Neither Sgt. McFarland nor
<br />Officer Leone were available to
<br />comment on the incident, but
<br />Paradise Valley Police Lt. Ron
<br />Warner said the actions of the two
<br />police officers as described in the
<br />lawsuit are "not characteristic" of
<br />either officer.
<br />"There is nothing of significant
<br />consequence on our part .. there are
<br />many allegations, all of which are
<br />without basis or fact," Lt. Warner
<br />said He added that no departmental
<br />action regarding Sgt. McFarland or
<br />Officer Leone is expected.
<br />As part of the surveillance task
<br />force on the night in question, both
<br />Sgt. McFarland and Officer Leone
<br />were under the command of Lt.
<br />David Gonzalez, of the Department
<br />of Public Safety.
<br />Lt. Gonzalez said in a telephone
<br />interview last week that he believed
<br />the arrest of Mr. Canby was justi-
<br />fied.
<br />"The facts in this case warranted
<br />the arrest," he said. "Looking
<br />specifically at the incident at
<br />Compton Terrace ... the arrest was
<br />justified under Mr. Canby's action
<br />and demeanor."
<br />Mr. Canby was unavailable for
<br />comment, however his attorney,
<br />William Moore, said the officers
<br />weren't at the concert site to thwart
<br />ticket sales. "They were there as
<br />part of a drug enforcement task
<br />force," he said.
<br />Lt. Gonzalez said that while the
<br />intent of the task force was to look
<br />for drug and liquor law infractions,
<br />as police officers, those on duty
<br />also had an obligation to police the
<br />area for other violations.
<br />"It is common practice when
<br />someone is exposing undercover
<br />officials to arrest them and charge
<br />them with hindering prosecution,"
<br />Lt. Gonzalez said, adding that Mr.
<br />Canby, son of William Canby Jr., a
<br />judge on the 9th Circuit Court of
<br />Appeals, was "behaving in a man-
<br />ner that was inconsistent for a man
<br />in his position."
<br />Lt. Gonzalez \ndicated that the
<br />incident was brought to his atten-
<br />tion by Sgt. McFarland.
<br />"I was the commander out there.
<br />I wanted to find out what the situa"
<br />tion was so I spoke with Canby. He
<br />used a lot of profanity ... he was
<br />completely unreasonable," Lt.
<br />Gonzalez said.
<br />But in defense of his client, Mr.
<br />Moore said, "Mr. Canby believes
<br />the facts in the lawsuit paint an
<br />accurate picture and pretty much
<br />speaks for itself."
<br />In July, the Maricopa County At-
<br />torney's office declined to prose-
<br />cute the case against Mr. Canby cit-
<br />ing insufficient evidence.
<br />The lawsuit filed by Mr. Canby
<br />points to a series of previous inci-
<br />dences involving Sgt. McFarland
<br />which, according to Mr. Moore,
<br />were used to lay the foundation for
<br />this particular case.
<br />Mr. Moore told the Independent
<br />last week there are two elements to
<br />the case which the public should be
<br />aware of: The actions of the offi-
<br />cers on the night in question, and,
<br />what the attorney called "overall
<br />patterns that should have never
<br />been tolerated" with regard to Sgt.
<br />McFarland's performance as a
<br />police officer.
<br />Currently, there is a civil case
<br />against Sgt. McFarland charging
<br />that he committed perjury and
<br />obstruction of justice. He also has
<br />been reprimanded on several
<br />occasions for failure to respond to
<br />police calls, clashes with senior
<br />officers and. "grossly negligent
<br />conduct" as the driver of a police
<br />vehicle, according to the lawsuit
<br />At one time, a grievance against
<br />Sgt. McFarland was filed by a
<br />female police officer and he was
<br />investigated by the DPS for
<br />harassment.
<br />But these and other charges
<br />against Sgt. McFarland, according
<br />0 See LAWSUIT page 9
<br />. . ;), ;)., . . ..
<br />II LAWSUIT·continu~d from page 1
<br />to Lt. Warner, have been addressed McFarland attempted to drive .
<br />by the department and proved to be through a wash on the way to a call
<br />unfounded. · and flooded a squad car, Lt Warner
<br />"Brian has made mistakes as any-added, also pointing out that he
<br />one else does. He paid the penalty could not recall any case where
<br />for those· mistakes," said Lt. there was ever a complaint lodged
<br />Warner. against Sgt. McFarland for use of
<br />One of those mistakes -his in-excessive force.
<br />volvement in a 1983 automobile Sgt. McFarland was fired from
<br />accident while returning from a Paradise Valley in September, 1983
<br />police funeral in Tucson -resulted and ordered reinstated in March,
<br />in the injury of four people, includ-1985.
<br />ing another police officer. That inci-"It was the court's judgement
<br />dent cost him his job with the (that the incidences) did not warrant
<br />Paradise Valley police force, Lt. his termination," Lt. Warner said.
<br />Warner said. According to Paradise Valley
<br />Mr. Moore also represented the Town Attorney Charles Ollinger,
<br />plaintiff in that case brought against the town is in J&,~~ess of hiring
<br />Sgt. McFarland and the town. legal counsr·-"~nt the town
<br />In another incident, Sgt. and the poli' 4 "-----. -=~~~----~~----~-
<br />Traffic 'H?.Qes, MacDonald Drive speed top list of residents' complaints.
<br />~illi.IrVeyg!; reveal not all is well in Paradise til S URVEY·1:ntinued from page 4
<br />fl. ) .
<br />Editor's Note: Jane Cole is a
<br />member of the the Paradise Valley
<br />Homeowners' Association Board
<br />of Directors.
<br />What are the 1993 concerns and
<br />problems that need to be given
<br />attention in the Town of Paradise
<br />Valley?
<br />It looks like traffic, traffic, traf-
<br />fic.
<br />also Lincoln. What does the mayor
<br />and the council plan for the future
<br />and when? Or ever? I suggest that
<br />The following comments from during the morning and evening
<br />citizens (culled from the 1992 rush hours that the liilllights be
<br />Resident Survey) give some sug-chariged during these hours to .rum
<br />gested concerns and problems: signals, timed at 40 mph, like
<br />"The 25 mph speed zone is Glendale Avenue in Phoenix, to
<br />unwarranted on MacDonald Drive; enable the people who live in
<br />35 mph is more reasonable." Paradise Valley to be able to get on
<br />"You have not l!ddressed the traf-Tatum Boulevard without waiting
<br />fie problem on Lincoln and Tatum 15 to 20 minutes and risking a sen-
<br />which will only get worse with the ous accident when they try ... 1 have
<br />expans.ion of homes in northeast been informed by some real estate
<br />Phoemx all~LSco,ttsdale: Tatum . people they· will not show houses in
<br />Boulevard was never des1gned to· thisiuea, phis the sales price of
<br />carry the flow of traffic today ~d.~., .. homes in these locations have
<br />depreciated drastically."
<br />"Never give up on PhotoCop.
<br />This is the best possible method of
<br />speed control in our town."
<br />"Speed limit on Lincoln Drive
<br />should be 45 mph, minimum."
<br />"Speed limit of 25 mph on parts
<br />of MacDonald is ridiculous!"
<br />"I moved to Paradise Valley to
<br />get away from overburden of gov-
<br />ernment and rules ... Quit creating
<br />more obstacles! Great example:
<br />spend millions of dollars to
<br />IMPROVE a thoroughfare then
<br />decide it's TOO DANGEROUS to
<br />permit any rate of travel over· a.
<br />crawl ... now a new Taj Majal for
<br />the Keystone Cops is in the works."
<br />"The MacDonald Drive and cur-
<br />rent traffic control systems in
<br />Paradise Valley are POOR because
<br />of the ridiculous speed limit now
<br />imposed and the camera speed
<br />enforcement is outrageous. Perhaps
<br />knowingly you'll keep traffic down
<br />with this, but don't expect any
<br />donations, tax dollars, or votes on
<br />my part to implement such trickery.
<br />This community is for everyone,
<br />not just a select few."
<br />"Don't allow MacDonald to
<br />become a highway from Pima Road
<br />to Tatum Boulevard, please!"
<br />"Put in a large radius curve at
<br />Tatum and MacDonald. Sharp, 90-
<br />degree tUrns are bad."
<br />"The town has tbO much traffic
<br />and too much noise from cars and
<br />plans."
<br />"25· mph on MacDonald is unac-
<br />[J See SURVEY page 9
<br />ceptable, conditions on most town
<br />roads and landscaping is a dis-
<br />grace ... police should patrol resi-
<br />dential streets more, less emphasis
<br />on PhotoCop and ticket revenues."
<br />" ... Try to keep traffic through
<br />the town at a minimum, never
<br />allow adjacent cities to pressure
<br />the Town of Paradise Valley to
<br />change."
<br />In response, however, to
<br />question #7 on the survey -
<br />How do you rate public bps
<br />service through the Town of
<br />Paradise Valley? -most
<br />respondents had no opinion,
<br />weren't aware there is any bus
<br />service, or didn't want bus ser-
<br />vir.P. at all.
<br />Here are a few comments:
<br />"What service?"
<br />"Who cares."
<br />"Didn't know there was any."
<br />"?"
<br />"What? Don't need and don't
<br />want bus service."
<br />The only bus service in town, at
<br />present, is along Tatum Boulevard,
<br />north of MacDonald Drive. Some
<br />benches and shade for bus riders
<br />on Tatum Boulevard and more
<br />bicycling lanes on roads through-
<br />out the town would certainly
<br />encourage people . to seek other
<br />ways of getting at~und than just
<br />driving cars. ' · ·
<br />Are these viable options in the
<br />Town of Paradise Valley?
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