RICHMOND —
A lawsuit against the Richmond Police Department that accused officers of unlawful imprisonment and battery recently was dismissed.
A voluntary order of dismissal was filed recently by attorney’s representing Carl Root, a former criminal justice instructor at Eastern Kentucky University.
“Carl Root and the City of Richmond settled their differences in a settlement out of court,” said Jim Baechtold, who had been representing Root.
The terms of the settlement are under seal, and therefore not available to the public or the media, Baechtold said.
Root filed the lawsuit in January alleging that officers had beaten, punched and Tasered him multiple times.
The lawsuit named as defendants Police Chief Larry Brock, Cpl. Tim Craft and patrol officers Devin Thomas and Kelli Fraze. Brock, Craft, Thomas and Fraze had been named in both their official capacities and as individuals.
Root was arrested May 3, 2009, and charged with alcohol intoxication, disorderly conduct, third-degree assault and resisting arrest, according to court documents.
He was attempting to enter an apartment at 117 E. Main Street when police said he began arguing with officers. Craft and Thomas, according to the lawsuit, “unlawfully entered the plaintiff’s (Root’s) premises and tased (sic), tackled and restrained him, without cause or justification.”
After Root was handcuffed, the lawsuit said, he was placed in a police cruiser where he “was subsequently tased (sic), punched and/or beaten repetitively by defendants, Craft, Thomas and/or Fraze.”
Use-of-force reports obtained by the Register indicate that Fraze used her Taser twice, Craft used his Taser to deliver a “drive stun” for five seconds, and Thomas used his Taser twice, once as an eight-second “drive stun.” Thomas and Craft also used chemical spray on Root, according to the reports.
Fraze and Thomas both state in their reports that Root either removed the electrical probes or that they did not make contact the first time each officer used their Taser.
According to the reports, Root was struck in the chest, back and left thigh with the Tasers. Each of the Tasers generated records of the time and duration they were used, and that information was downloaded from the devices by Craft and included in each of the officer’s use-of-force reports.
The charges against Root were dismissed with prejudice by Madison District Judge Brandy O. Brown on Nov. 2, 2009.
Through the lawsuit, Root had sought damages for medical expenses for “permanent disfigurement and/or permanent injury,” physical and mental pain and suffering, loss of income, loss of earning ability as well as punitive damages.
The voluntary order of dismissal was filed late last month, according to court documents.
Emily Burton may be reached at eburton@ richmondregister.com, or at 624-6694. Follow Emily on Twitter at RR_EBurton@twitter.com.
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