Park City Police critic take legal action over confrontation with officers

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A Park City man who unsuccessfully applied for a seat on the Park City Council in the mayoral election filed a federal lawsuit against the city government and four members of the Park City Police Department on Monday over the ‘a confrontation in 2019 that influenced part of his campaign platform.

Michael Franchek, who recently launched an unsuccessful campaign for a seat on Park City Council, filed a federal lawsuit against the city government and four members of the Park City Police Department following a confrontation in 2019 that influenced part of his campaign platform.Park Record photo file

Michael Franchek and his minor child have filed the case in United States District Court and are asking for just over $ 1.1 million and the unsealing of some cases related to one of the officers named in the lawsuit. The case alleges violations of civil rights. Franchek also wants an apology, public and written, from the police and the municipal government at large.

The lawsuit says Franchek suffered minor bruising during the confrontation and continues to suffer from post-traumatic stress disorder. The child received minor injuries and also suffers from post-traumatic stress disorder, the lawsuit says, indicating that the minor is terrified at the (sight of) the police and fears for his safety.

The case provides a glimpse from Franchek’s perspective of the September 29, 2019 confrontation, which occurred at his residence on Spaulding Court. The record indicates that police were initially called about an argument involving neighbors.

The lawsuit claims the interaction quickly escalated, with one of the officers becoming visibly enraged and shouting for Franchek to leave his residence. Franchek, fearing for his safety, exercised his right to stay at home and closed the door to his home, according to the lawsuit. Two officers made a forced entry into the Franchek residence by breaking the door and causing damage to the wall of the residence, according to the case. Officers wanted to know the location of a gun, but Franchek told them there was none, according to the file.

One of the officers assaulted and beat Michael Franchek as he attempted to make an illegal arrest after executing a warrantless entry. At no time did Michael Franchek threaten, resist or intimidate the two armed officers, according to the trial. The lawsuit says Franchek was locked in a hot car without air conditioning, after being tased, which could cause death.

The case also involves allegations that the police tried to prevent the child from videotaping Franchek’s arrest.

Video of the confrontation was released online, gaining attention before Franchek, who considers himself a government watchdog, launched a campaign for city council earlier in 2021. Voters abandoned him in a primary in which he garnered little support. Confrontation was part of his platform as he sought to reform the police. He had been a critic of the police department before the complaint was filed.

City Hall Tuesday at noon said he had not been served with the trial and declined to comment.

Franchek said in an interview that he wanted the trial to lead to significant training and hiring reforms within the police department. He said there are good and bad agents in the agency.

There are significant issues in the quality of the service and the rights violations he wants to address, Franchek said.

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