Kansas trooper was told to stop chasing in city limits before fatal crash: Lawsuit

The family of a passenger who was killed during a police chase has filed a federal lawsuit against the Kansas Highway Patrol.

Anita Benz, 45, was killed after a March 6, 2021, police chase in Topeka.

According to the lawsuit, Trooper Justin Dobler was patrolling when he allegedly saw a car with a cracked windshield. It looked similar to a white Ford Crown Victoria that was on a list of stolen vehicles. He attempted to pull the vehicle over, but the driver did not stop and a chase began.

About 45 seconds into the pursuit, the lawsuit said Dobler identified the car as a Mercury Grand Marquis.

Dobler provided dispatch information including the license plate number and was told a couple minutes later that the vehicle was not stolen. The vehicle allegedly was speeding up to 55 mph in a 35 mph zone. He twice attempted a “tactical vehicle intervention” to disable the car. The third attempt was successful and the car spun out and struck a utility pole.

Benz died after being transported to a hospital.

The lawsuit claims Dobler should not have chased the car over a cracked windshield, and should have called the chase off when he realized the car was not a Crown Victoria.

According to the lawsuit, the highway patrol found Dobler had violated the agency’s chase policy.

He had already been reprimanded in two previous chases. One resulted in a crash which could have been avoided, the lawsuit said, and in the second incident, Dobler shut off his lights and sirens, but continued to pursue a vehicle at a high speed.

Just a few months before the fatal incident, members of the Topeka area troop had been told not to pursue vehicles in the city unless someone was in immediate danger. Dobler was privately ordered not to engage in chases within the city limits.

The lawsuit, which names Dobler and the Mercury’s driver in addition to KHP, alleges five counts, including excessive force and negligence.

Lt. Candice Breshears, a spokeswoman for the highway patrol, said the agency does not comment on pending litigation.