Lawsuit filed against former Concord lieutenant for assault and false imprisonment

CONCORD, NC (WBTV) – The Concord police lieutenant who resigned in 2023 after being convicted of assault and two other misdemeanors has been named in a new lawsuit in federal court.

According to court records, Kevin Berg was charged with criminal damage, assault and false imprisonment in connection with a disturbance at his home.

Cabarrus County Sheriff's Office officials said Bergand Michael VanKeuren, a court clerk, told officers they had been attacked by the other man. At the time, officers said they could not prove any of the allegations but they could obtain private arrest warrants.

[PREVIOUS COVERAGE: Concord Police lieutenant resigns following conviction on assault charges]

The lawsuit, filed on August 28, 2024, says the assault occurred after VanKeuren attempted to obtain a restraining order against Berg's wife.

Berg told VanKeuren that his wife was not home, so VanKeuren returned to his car to leave, ignoring requests to show his identification.

Then, according to the lawsuit, Berg approached the rolled-down window on the driver's side and attempted to open the locked door, damaging it in the process.

VanKeuren reportedly reached for his phone to record the incident, but Berg grabbed it and threw it across the yard.

According to the documents, Berg forced open the truck, grabbed the other man, threw him to the ground and held VanKeuren with his arm.

When Berg called 911, dispatchers told him he could not detain VanKeuren.

Berg allegedly made a false statement that VanKeuren had run over his foot in order to obtain a summons for the other man. This charge was later dropped.

The lawsuit alleges that VanKeuren's rights under the Fourth and Fourteenth Amendments were violated. The Fourth Amendment prohibits the unjustified arrest of a person and the Due Process Clause of the Fourteenth Amendment prohibits “government actors from depriving a person of life, liberty, or property without due process of law,” according to documents filed in court.

The lawsuit seeks a jury trial and the payment of compensatory damages plus pre- and post-judgment interest, in addition to reimbursement of attorneys' fees and “any other relief the court deems just and appropriate.”

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