Federal suit alleges ex-deputy assaulted disabled man

Local News

July 10, 2010

By Brian Smith Register News Writer The Richmond Register Sat Jul 10, 2010, 12:00 PM EDT

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.

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