- Associated Press - Thursday, February 19, 2015

LITTLE ROCK, Ark. (AP) - A federal judge has dismissed a lawsuit that alleging four policemen, including former Little Rock police officer Josh Hastings, used excessive force while conducting an arrest.

The Arkansas Democrat-Gazette (https://bit.ly/17v6jmN ) reports that Cedric McSwain’s claimed that Hastings, Sherwood police officer Kevin Webb, and Arkansas State Police Troopers Hunter Glover and Brad Lann beat him when he was walking home from a birthday party. He also said the officers conspired to arrest him even though they didn’t have probable cause for an arrest.

The officers deny the accusations, and say that McSwain was being unruly during questioning about a suspect who fled after a pursuit.

U.S. District Judge D. Price Marshall Jr. said in his order that the police were allowed by law to use force to arrest McSwain. Marshall also said that probable cause is only needed on one offense, rather than every offense, to make an arrest.

McSwain was charged with driving while intoxicated, disorderly conduct, refusal to submit to an alcohol test, and obstructing governmental operations and resisting arrest.

Hastings lost his job with the Little Rock Police Department after he was charged with manslaughter for the 2012 fatal shooting of a 15-year-old burglary suspect. He was tried twice, and both cases ended in mistrials. Hastings had been trying to be reinstated at the department, but decided to move on, according to his attorney, Bill James.

Hasting’s attorney Keith Wren said McSwain could revive his claims in the state circuit court system or appeal to the 8TH U.S. Circuit Court of Appeals.

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Information from: Arkansas Democrat-Gazette, https://www.arkansasonline.com

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