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Friday, July 31, 2015
Retired U.S. Veteran Receives Sizable Settlement Following Police Incident
What are the options for a victim of questionable police conduct?
Police and civil authorities are employed to keep citizens safe and ensure peace and order within the community. While there are times when physical force becomes necessary to detain a certain suspect or apprehend a fugitive, there is a definitive line under Kentucky law between lawful conduct and police overreach. In the event police mistreat a suspect or defendant while in custody, this misconduct could be actionable as a personal injury or intentional tort – limited, however, by the Kentucky Tort Claims Act.
In one recent case out of Louisville, a retired veteran of the United States military – who served as a Lieutenant Colonel in the National Guard – was awarded a $50,000 settlement from the Louisville Metro Police following allegations of mistreatment and abuse.
According to the allegations, police approached the victim at a local mall after he appeared “out of place” and “confused.” During the exchange, officers claim that the victim became irate and was eventually forced to the ground. The victim, who was suffering from the effects of a traumatic brain injury, post-traumatic stress disorder, and other physical ailments, was unable to communicate with officers, resulting in his unnecessary arrest and detention.
The incident, which the victim alleges aggravated his mental and physical conditions, did not result in any internal actions against the officers. Counsel for the victim asserted that the veteran was looking forward to putting the incident behind him. Despite the fact the victim was wearing a cast and was non-communicative during the altercation, officers alleged they felt “threatened” by the victim, and felt it necessary to attempt to handcuff him in the middle of the mall – while he was there buying a birthday card for his wife.
If you were recently injured in an incident involving police or other civil authorities, please do not hesitate to contact Warren and Barren County, Kentucky personal injury attorney Flora Templeton Stuart, Injury Lawyer, by calling (888)782-9090.