Fired Salt Lake police officer Robert Joseph and his criminal defense attorney are suing Salt Lake City for more than $75,000 in attorney fees and expenses incurred to defend Joseph of criminal charges alleging that he used excessive force during a traffic stop March 26, 1999.
According to a lawsuit filed Monday in 3rd District Court, Joseph spent $50,144.35 in expert witnesses and agreed to pay attorney Loni DeLand a flat fee of $25,000 plus costs, which amounted to $1,402.65.Joseph and DeLand argue in the lawsuit that the amounts are recoverable under Utah law because the alleged offense had occurred while Joseph performed duties within the scope of his employment as a police officer and because the case was eventually dismissed.
The city denied their claim in January saying that some of the expenses listed were not reasonable, according to a letter sent to Joseph and DeLand by city attorney Steven Allred.
Joseph, who had worked for the department for two years, was charged with aggravated assault, a second-degree felony, for firing 11 times at Wesley Scott after a traffic stop at 2300 S. 700 East, where the officer said Scott took off in his car and attempted to run him over.
Joseph was reinstated into the force in January after prosecutors dismissed the case, but he was fired again after being found psychologically unfit for service. He is appealing that decision.
You can reach Hans Camporreales by e-mail at hcamporreales@desnews.com