Des Moines man alleges excessive force by city police officers

A Des Moines man is accusing city police in a lawsuit of excessive force, claiming the officers who allegedly assaulted him were later captured on video laughing about how they “really worked him over.”

Eric Lee Kelley, 39, is suing the City of Des Moines and four police officers in U.S. District Court for the Southern District of Iowa. Kelley alleges that in the early morning hours of Oct. 9, 2024, he was a passenger in a vehicle that was pulled over by Des Moines police near McKinley Avenue. The stated rationale for the traffic stop was the lack of a functioning rear license plate light and lack of a front plate, the lawsuit alleges.

According to the lawsuit, officers Jerome Tiller, Charlie Minnehan, Eleanor Ladd and Sgt. Trey Pottorff were among the police at the scene. Tiller is the police department’s canine handler and was accompanied by Draco, a police dog, the lawsuit alleges.

Police reports indicate that during the traffic stop, Kelley attempted to flee, resulting in what the lawsuit calls “a physical struggle.” Officers attempted to take Kelley to the ground, at which point Minnehan allegedly punched Kelley in the back of the head four or five times. At that point, the lawsuit asserts, Kelley stopped resisting.

According to the lawsuit, Kelley, who was unarmed, lowered himself into a prone position face down in the roadway, and interlocked his fingers behind his head. The lawsuit claims the officers’ body-camera footage shows Kelley lying motionless on the ground, held at gunpoint by the officers, for about eight seconds before Draco began biting Kelley in the leg.

Tiller and the other officers allegedly allowed Draco to continue biting and holding Kelley for 37 seconds while they directed profanities at Kelley and yelled conflicting instructions at him. The canine bite “tore a gash in Kelley’s right leg” that required six surgical staples to close, the lawsuit alleges.

Court records show Kelley was charged with, and later convicted of, possession of methamphetamine.  Charges of assault, interference with official acts and harassment of a public official were dismissed.

Lawsuit: Officer said, ‘You really worked him over.’

After the incident, the lawsuit claims, body-camera footage captured the officers “laughing and recounting their exploits” to each other.

“Ladd commented, ‘You really worked him over,’ with a big smile on her face,” the lawsuit asserts. “Minnehan repeatedly bragged about punching Kelley in the back of his head.  Minnehan stated, ‘I was nonchalant as I was punching his head.’ Ladd later commented, ‘it was awesome,’ and then, referring to younger officers, stated, ‘It’s like we tell the kids, it ain’t always pretty, but here we are.’”

According to the lawsuit, the Des Moines Police Department later reviewed the force used against Kelley and determined it was consistent with departmental policy and training.

The lawsuit seeks unspecified damages for assault and battery as well as violations of Kelley’s constitutional rights and an alleged policy, pattern or practice within the police department of encouraging or tolerating the use of excessive force.

As evidence of the latter claim, the lawsuit cites five separate excessive force complaints against Des Moines police between 2008 and 2020 that allegedly resulted in $1.7 million in settlements. In addition, the lawsuit claims, the police department has promoted and publicly praised officers who have been the subject of numerous excessive force complaints.

The City of Des Moines, which does not comment on pending litigation, has yet to file a response to the lawsuit.