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Mon, Mar 30, 2009

British Activist Files Civil Suit Against US Airman

Alleges Handcuffs Were Too Tight When Arrested, Causing Injury

A British activist has filed suit in civil court against a US airman who arrested her when she was found trespassing on an English airbase.

Lindis Percy, 67, a co-coordinator for the group Campaign for the Accountability of American Bases, was handcuffed and detained by USAF Senior Airman (now Staff Sergeant) Frank McDonald after she jumped a fence in February 2006 at RAF Croughton. Percy alleges McDonald caused superficial cuts, swelling and pain to wrists from handcuffs being too tight and suffered other injuries in the process.

A criminal case stemming from the incident filed against McDonald was dismissed in April 2008 after US officials intervened by filing a certificate of military duty with the court, which prevented his prosecution under the UK Visiting Forces Act of 1952.

"This is a claim for monetary damages of £1,000, but more importantly it is bringing this man to account," Percy said. "It was a disgrace what went on." Stars and Stripes reports that Percy remains hopeful that the civil suit will stand, but acknowledged three possible outcomes from the case: The claim will be paid; it will be disputed and sent to the courts; or the U.S. government will intervene again.

Percy also filed a misconduct suit against two British Ministry of Defense police officers over the incident, alleging they were remiss in not intervening. However, prosecutors dropped the charges after hearing the officers' testimonies.

Although refusing to be interviewed about the case, Third Air Force officials released a statement. "This matter is now the subject of pending civil litigation and as such it would be inappropriate for us to comment on the case," the statement read. "There are provisions in Air Force instructions that allow for airmen in these circumstances to request support from the USAF. Staff Sgt. McDonald and base officials at RAF Croughton are aware of those procedures."

FMI: www.501csw.usafe.af.mil/units/croughton/index.asp, www.3af.usafe.af.mil, www.caab.org.uk

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