RICHMOND —
The Madison County Sheriff’s Office has been named as a defendant in a federal lawsuit alleging a former sheriff’s deputy used a Taser against a disabled man.
The suit, filed June 21 in U.S. District Court in Lexington, names former Sgt. Scotty Anderson, Sheriff Nelson O’Donnell and the Madison County Sheriff’s Office as defendants. Anderson and O’Donnell are being sued both in their official and individual capacities.
In the eight-page complaint, Richmond resident Sammy Harris alleges that on July 31, 2009, Anderson used a Taser device against Harris, who is disabled.
The alleged incident took place at Harris’ home after his daughter called the sheriff’s office to report the theft of money and a cellular phone by a cab driver, according to the complaint.
When Anderson arrived at the home, Harris went out onto his porch on a motorized scooter to accompany his daughter as she met with Anderson, the suit states.
Harris has a degenerative spinal condition and was recovering from multiple heart surgeries to place stents at the time of the incident, the lawsuit states, and did not have the strength to get off the scooter or to push a wheelchair.
According to the suit, Anderson asked Harris’ daughter if she had been drinking. When the woman admitted she had been drinking the previous evening, Anderson placed her under arrest and threw her to the ground, the suit states.
During the incident, Anderson pushed on the scooter with his foot, throwing Harris out of the seat, the suit alleges. Anderson then tackled Harris, the complaint claims, causing a cut to Harris’ head from colliding with a concrete ramp.
The suit then claims that Anderson drew his Taser and discharged the weapon despite Harris’ daughter telling him her father was recovering from heart surgery.
“Sgt. Anderson tased Mr. Harris while he was on the ground,” the suit states. “Mr. Harris did not pose an immediate threat to the safety of Sgt. Anderson or anyone else.”
According to the suit, Taser International, the company which manufactures the device, advises against using the device on the elderly or infirm.
The suit accuses Anderson of using excessive force in using the Taser against Harris, committing assault and battery against Harris, acting with negligence and intentionally inflicting emotional distress.
O’Donnell and his office are accused in the suit of failing to properly train and supervise Anderson, and alleges that O’Donnell and his officer were negligent in hiring and retaining Anderson.
According to the suit, “other employees of the Madison County Sheriff’s Department, other police officers and citizens of Madison County had informed Sheriff O’Donnell about uncontrollable outbursts of anger from Sgt. Anderson including personal confrontations with employees, over-aggressive behavior and extreme mood changes.”
Harris is seeking both compensatory and punitive damages in the suit from Anderson, O’Donnell and his office, as well as attorney’s fees, and has requested a jury trial in the case.
According to electronic court records, Anderson, O’Donnell and the Madison County Sheriff’s Office have not yet responded to the suit.
Anderson left the sheriff’s office late last year after a foot injury sustained during Army service in Iraq caused him to become physically unable to be a police officer, he said during a trial in an unrelated matter earlier this year.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.
Local News
Federal suit alleges ex-deputy assaulted disabled man
- Local News
-
-
‘She wasn’t just a teacher’ : Lambert retires after 43 years at Berea
Scroll to the bottom of the story to read "Love for Lambert: Berea graduates share memories of their teacher," as well as a list of other Berea retirees this year.
Writer’s Note: Brenda Lambert is the reason I write articles today (Class of 2000).
Years ago, a little blonde-haired girl from Rockcastle County gathered her friends to “play school” in a 10-by-10 foot playhouse her father built.
Even at 12 years old, Brenda Lambert knew she wanted to be a teacher one day.
“I always felt like an old person trapped in a young person's body,” said Lambert, who is retiring after 43 years of service to Berea Community School. -
Special Olympics return for 18th year at EKU
Next weekend, the Special Olympics Kentucky State Summer Games return to Eastern Kentucky University campus. This is the 18th consecutive year EKU has hosted the event.
The games will be Friday through June 2. About 1,300 athletes will compete this year. -
Assault charges reduced, dismissed by grand jury
Two men arrested in connection with serious assaults had their charges reduced, and in one case dismissed, by a Madison grand jury.
Jerry Wayne Edington, 34, of Berea Road, was charged Jan. 19 with second-degree assault after an altercation at the Blue Moon bar on East Irvine Street, according to a Richmond police report. -
Dump of the Day
The Dump of the Day is a recurring series the newspaper publishes to highlight illegal trash piles and push local governments to cite perpetrators and get illegal dumps cleaned up. See Page A7 in Sunday's paper to read a copy of the city’s ordinance related to trash pickup.
-
Paradise Cove open through Labor Day
Opening day of Paradise Cove Family Aquatic Center coincided with a spike in temperatures Friday which reached 90 degrees. The facility, located in Richmond’s Lake Reba Park, will be open through Sept. 3. Regular hours are 11 a.m. to 7 p.m. Monday through Saturday and 1 to 6 p.m. Sunday.
-
Dump of the Day
An old mattress, a car seat and other debris sit Friday afternoon on North Street between Fourth and Fifth Streets where it was first spotted Thursday. The “Dump of the Day” is a recurring series the Richmond Register publishes to highlight illegal trash piles and push local governments to cite perpetrators and get illegal dumps cleaned up. See Sunday’s Richmond Register to read a copy of the city’s ordinance related to trash pickup.
-
Undefeated academic team brings pride to Madison Middle School
Madison Middle School 6th and 7th grade academic teams have been undefeated for the last two years.
The 8th grade team also has done well, having some students qualify to compete at the state level. -
Woman fends off burglar with knife
A Berea woman used a kitchen knife to fend off an alleged burglar early Wednesday morning, and police say they were able to catch the man in the act.
-
Man is indicted on additional sex charge involving teen in 1998
A man already accused of sex abuse in November 2011 has been indicted on a charge of first-degree rape involving a child in 1998.
Charles W. Peyton, 63, of East Irvine Street, was indicted Wednesday by a Madison grand jury. He used “forcible compulsion” to have sexual intercourse with a 14-year-old girl between March 1 and May 1 in 1998, according to the indictment. -
Woman fends off burglar with knife
A Berea woman used a kitchen knife to fend off an alleged burglar early Wednesday morning, and police say they were able to catch the man in the act.
Officers responded to a call in the 1000 block of Scaffold Cane Road about a man trying to break into a home, according to a release from BPD Public Information Officer Jake Reed. - More Local News Headlines
-
UN Blames Syrian Forces for Shelling Houla
Raw Video: Gay Protest Blocked in Moscow
Vatican in Chaos After Butler Arrested for Leaks
Jimmy Carter Endorses Egypt's Election Results
Biden Addresses West Point Graduating Class
Dozens of Children Killed in New Syria Attack
Raw Video: Activists Allege Massacre in Syria
NJ Man Charged With Murder in Death of Patz
Support, Fun for Kids of Fallen Soldiers at Camp
Fugitive Penguin Caught, Returned to Aquarium
50 Years Later, Underground Fire Still Burning
Light Show Transforms Sydney Opera House
Raw Video: Unruly Passenger Restrained in Miami
Raw Video: Robber Uses Drive-thru Window
Raw Video: Dragon Arrives at Space Station
Calif.'s Coronado Named Nation's Best Beach
CEO Salaries Become Sore Issue in Labor Disputes
