Bella Villa, police chief sued again on claims of civil rights violations.

Bella Villa and its police chief have been in federal court for the third time on allegations of battery, assault and civil rights violations.

The city and Police Chief Edward Locke, Jr., were both sued Nov. 9 in U.S. District Court by attorney M. Bevis Schock on behalf of William Cavataio and Mary Lou Cavataio of the 700 block of Dallas Drive in Bella Villa. The suit alleges violations of the couple's Fourth and 14th Amendment civil rights, indecent assault and assault and battery. The suit seeks unspecified compensatory and punitive damages and attorney's fees against both Locke and the city.

Ken Heinz, an attorney who represents the city, said he has not seen the lawsuits yet but added that attorneys Priscilla Gunn and Lisa Liss are the special counsel for the city in the cases. Gunn could not be reached for comment.No criminal charges have been brought in connection with this suit and two other federal suits that allege the same charges against the city and Locke.

According to the suit, William and Mary Lou Cavataio own residences in both Bella Villa and in Illinois. The couple's 1986 GMC Silverado is licensed in Illinois because they reside much of their time in Illinois and even though in 2001 they began spending more time back in Bella Villa, they left the Siverado licensed in Illinois.

On Aug. 19, William Cavataio was loading items into his vehicle from his Bella Villa home when, the suit alleges, Locke pulled up and inquired about the license plates. When Cavataio explained the situation, Locke placed him under arrest for "failure to properly register with Missouri DOR" (Department of Revenue), the suit alleges.

Schock said he questions why Locke "is still a police chief" and said the "people in charge of the city should suspend him."

According to the suit, Locke placed Cavataio in handcuffs and while walking him to the police car pushed down on a chain on the cuffs, causing pain and injury to Cavataio. Then when he was about to place him in the back seat of the police car, Locke "kneed" Cavataio behind his right knee, causing him to collapse on the rear seat and also causing a back injury, the suit alleges.

According to the suit, Mary Lou Cavataio came outside as William Cavataio screamed that he was injured. Locke offered to call an ambulance but the couple refused, due to the cost. Mary Lou Cavataio said she would take her husband to the hospital in their personal vehicle.

At that point, the suit alleges, Locke removed the handcuffs and William Cavataio got into the passenger seat of his Silverado and his wife got into the driver's seat. Locke then approached the car and leaned on the driver's side door and rear view mirror, preventing Mary Lou Cavataio from driving away.

The suit alleges that Locke then reached into the car and "groped Plaintiff Mary Lou Cavataio's left breast" and that Mary Lou Cavataio "smacked his hand away."

The suit alleges William Cavataio suffered bruising to his wrist from the handcuffs, injury to his back from the pushing on the handcuff chains and from being "kneed" from behind, humiliation, mental suffering, indignity, disgrace and stress. It also alleges Mary Lou Cavataio suffered humiliation, mental suffering, indignity, disgrace and stress.

Schock said the incident occurred well after Locke had been notified of previous federal lawsuits filed against him and the city by Jami Neco Schmidt and Christine Magyari and Diane and Michael Cook.

The Cavataios' suit alleges "his behavior is consistent with his treatment of other citizens in the course of traffic stops, and is part of a pattern of behavior."

The city and Locke were sued in October by Dianne and Michael Cook of South St. Louis County. Their suit alleges Locke and the city violated their Fourth and 14th Amendment rights and also alleges indecent assault, assault and battery and malicious prosecution.

The Cook's suit alleges that Dianne Cook's head was slammed against Locke's patrol car by Locke during a traffic stop Aug. 27, 2005; that Locke groped her buttocks, belly and breast areas under her clothing while she was handcuffed; that Locke used an electronic Taser on her husband, Michael Cook, and slammed his head against two different automobiles; that Locke placed his palm under Dianne Cook's buttocks toward her genital area and groped her again while she was handcuffed and seated in his patrol car.

The suit alleges Locke booked Dianne Cook on failure to maintain a single lane and DWI charges and issued a notice of refusal to take a breathalyzer test; Locke booked Michael Cook on a resisting arrest charge.

A previous suit was filed in federal court on behalf of Jami Neco Schmidt and Christine Magyari and concerns two separate incidents in 2005. However, Magyari asked to be removed from the suit for personal reason, Schock said.

The suit alleges that on June 3, 2005, Schmidt, while a passenger in a car that was pulled over, was taken to the Bella Villa Police station and then asked by Locke if she had any tattoos. When she replied she had one in her pubic area, Locke said he needed a photograph of it, the suit alleges. Locke then gave Schmidt a camera and told her to take a photo of the tattoo. When Locke said the picture was not good enough, he told her to remove her pants two separate times so he could take the picture himself, the suit alleges. (SEE ARTICLE BELOW)

The suit also alleges that on Sept. 7, 2005, Magyari was stopped by Locke for speeding and was arrested for DWI. The suit alleges that during the course of a pat-down search, Locke "palpitated" her breasts and buttocks.

Locke asked if she had any tattoos and Magyari responded she did. However, Locke did not seek to take a photograph of the tattoo, the suit alleges.

Bella Villa police chief faces 3rd abuse claim

A woman who filed a federal suit Tuesday became the third motorist to claim sexual abuse by Bella Villa Police Chief Edward Locke Jr. during traffic stops.

Diane Cook said Locke touched her buttocks and breast under her clothes when he arrested her on suspicion of drunken driving in August 2005. Her husband claims Locke shocked him with a Taser and slammed his head on a car when he tried to intervene.

It was the second similar suit brought in federal court at St. Louis this year against Locke and Bella Villa, a municipality along Bayless Avenue off Interstate 55, just south of St. Louis. The suits allege civil rights violations.

Locke could not be reached for comment. Mayor Steve Grey said he could not comment and referred questions to a lawyer. Jessica Liss, the attorney for the city and Locke, declined to comment.

In the suit, Cook claims she protested when Locke ordered her to take a portable breath test with no probable cause. It says he handcuffed her and slammed her head into his police car, then slowly rubbed his hands on her body and under her shirt.

The claim says Michael Cook, who suffers from a degenerative disk disease and has mobility problems, got out of the car and witnessed the groping of his wife. It says he objected and that Locke pushed him in the shoulder and shocked him with a Taser.

After Michael Cook collapsed to the ground, the suit says, Locke pulled him up and handcuffed him while slamming his face into a car door frame.

Locke put Diane Cook into his patrol car and groped her again, according to the suit.

The Cooks seek unspecified damages for civil rights violations. They also claim the city failed to control Locke, who was exhibiting a "pattern of transgressions" that the city should have known.

Two other women jointly sued Locke and the city in February, making similar allegations.

Jami Neco Schmidt says Locke arrested her in June 2005 and forced her to pull down her pants so he could take pictures of a tattoo, according to court documents.

Christine Magyari claims that Locke inappropriately patted her while frisking her in September 2005 during an arrest for driving under the influence.

Schmidt and Magyari claim Locke and the city violated their rights with an illegal strip search and battery.