Owner of Treatco loses suit against Wichita that alleged false arrest, excessive force

Ken Thomas, operator of pet-food maker Treatco, on Monday lost a federal lawsuit that said three emergency workers used excessive force when he was arrested in 2011 during a fire at the plant.

Thomas alleged in the suit that firefighters ignored his directions to turn off a high-pressure gas line to the plant, 2302 N. Broadway, while the fire was underway, then violently wrestled him to the ground as he tried to do so. That prompted his claims of excessive force, false arrest, malicious use of force, negligent use of force, battery and causing emotional distress that were made against the city of Wichita, Wichita Police Officer Colin Gallagher and Wichita Fire Department investigators Chris Dugan and Joseph Evans.

But jurors sided with the city and emergency workers, saying that none of them were excessively forceful or negligent during the arrest and denying Thomas’ demand for compensation, according to the verdict form filed Monday afternoon in U.S. District Court. Thomas had been seeking $75,000 in the case.

Asked to comment on Monday’s verdict, Thomas’ attorney, James Thompson, said: “The system did its job. Unfortunately, we didn’t come out on the winning end.”

The attorney representing the city and the emergency workers named in the lawsuit could not be reached Monday afternoon.