The Richmond Register

Local News

November 7, 2010

Allegations dismissed in lawsuit against jailer

Devere, five employees still facing three counts

LEXINGTON — Four of the seven allegations levied against Madison County Jailer Ron Devere and five jail employees recently were dismissed in federal court in Lexington.

However, all six men still face three of the allegations.

The lawsuit was filed June 13 by Brandon Dobbins, a former inmate at the jail who claimed in the suit that jail employees Brett Arnett, Shane Johnson, Cole Becknell, Jordan Lipps and Tyler O’Brien punched him in the face and called him racial slurs and kicked him on his right side.

Dobbins also claimed that he suffered a fracture to the bones of his right eye, a hemorrhage to the tissue of his eye as well as a black eye from the alleged attack.

He had been in a fight in a cell prior to the incident, according to a lawsuit. Dobbins was taken to the University of Kentucky Chandler Medical Center for treatment.

Through the lawsuit, Dobbins sought punitive damages of $250,000 and compensatory damages of $500,000, as well as a jury trial.

Summonses were issued to the five employees and Devere on Sept. 28.

They were delivered between Oct. 7 and Oct. 11, according to court documents.

In a motion filed in federal court Oct. 28, the men’s attorneys, Lexington-based lawyer D. Barry Stilz and Madison County Attorney Marc Robbins, who is acting as co-counsel because the men are county employees, sought to dismiss several counts of the lawsuit.

They asked that Count I, where Dobbins claimed that his Fourth, Fifth and Eighth amendment constitutional rights had been violated, be dismissed. The Fourth Amendment protects people from unreasonable searches and seizures, the fifth having property taken away without compensation and from self-incrimination, while the eighth amendment protects citizens from cruel and unusual punishment. The answer also sought the dismissal of a count of assault and battery and two counts of negligence.

Stilz and Robbins said in the motion to dismiss that the alleged altercation took place June 14, 2009, that the complaint was filed on June 13, 2010 and that summonses were not issued for three months.

“(Dobbins’) state law claims for assault and battery and negligence are barred by the statute of limitations because the plaintiff (Dobbins) failed to file and have summonses issued within one year from the alleged incident,” according to the motion.

Because the statute of limitations had expired, the allegations were no longer valid, the attorneys said. The motion also claimed that Devere has sovereign immunity and therefore could not be sued.

The lawsuit claimed that Devere tolerated a system of operations at the jail that allowed the alleged abuse to occur.

An order handed down by the federal court on Oct. 28 granted the defense’s motion and dismissed the counts of violation of constitutional rights, assault and battery and negligence.

Devere and the jail employees named face one allegation of conspiracy to violate civil rights because they acted together to, “create an environment of intimidation and coercion, including the use of physical, mental and emotional abuse,” according to the lawsuit.

The men also face one count of intentional infliction of emotional distress and count of racial discrimination.

The order did not state the name of the judge who ruled on the motion to dismiss, neither did it state a reason why the allegations were dismissed.

Court records list the presiding judge as Karen K. Caldwell.

Emily Burton may be reached at eburton@richmondregister.com or at 624-6694. Follow Emily on Twitter at RR_EBurton@twitter.com

 

1
Text Only
Local News
  • Berea utility doubles solar farm, again

    Berea Municipal Utilities started its solar farm in October 2011 with 60 panels. In less that five days, all were leased.
    Another 60, which became operational in June 2012, were leased in less than four months.
    Now, the farm again has doubled, with the addition of 126 panels that are ready for leasing, said Steve Boyce, a retired Berea College professor who has been involved with the program since its inception.

    July 30, 2014

  • Miss Madison Winners 2.jpg My fair ladies

      

    July 29, 2014 5 Photos

  • 10th Quilt Extravaganza is Friday, Saturday

    Displays of quilts by men, baby quilts, the Grandmother’s Flower Garden pattern, an exhibit of feed sack fabric, ongoing demonstrations, and a vendors market are features of the 10th Berea Quilt Extravaganza Friday and Saturday at Berea Community School off Ellipse Street.

    July 29, 2014

  • 7-30 Samantha Frederick.jpg RPD: Heroin sales lead to trafficking indictment

    Executing a warrant issued after Samantha Frederick, 29, Northgate Drive, was indicted July 16 by a Madison County grand jury, Richmond Police arrested her Monday on drug trafficking charges.

    July 29, 2014 1 Photo

  • 7-29 YMCA-Schools.jpg YMCA, county district to provide after-school care

    The Telford YMCA is partnering with the Madison County School District to provide after-school child care for kindergarten and elementary students.
    YMCA Executive Director Dave Wallace and Madison County School Superintendent Elmer Thomas announced the partnership Monday afternoon.

    July 29, 2014 1 Photo

  • 7-29 Lucille May 1.jpg Memories bloom in May’s garden

    After realizing a story was being written about 96-year-old Lucille May, tenants of Willis Manor gathered in the lobby to share stories about her.
    Affectionately called “Mamaw” by other residents and workers at the apartment building, May has spent the four years of her residence transforming an outdoor garden that was overtaken by weeds. It’s now a thriving flowerbed, complete with interesting rocks, decorations and conversation.

    July 29, 2014 4 Photos

  • 7-29 Construction 1.jpg Water Street storm-water digging begins

    Caisson holes were drilled and then filled with concrete and steel poles Monday to create a retaining structure to shore up the Allstate Insurance building foundations' firm when excavation for the Water Street Stormwater Improvement Project begins.
    Digging for 20 ton, 6 by 7 foot concrete box culverts will begin today, if weather permits, said Jason Hart, Richmond’s director of Planning and Zoning. The culverts will help reduce the likelihood of flooding on Water Street by carrying storm water under Main Street, the CVS parking lot and Irvine Street to a stream, he said.

    July 28, 2014 4 Photos

  • 7-29 Robert Abney.jpg RPD: Bottle bomb injures man, damages neighbor’s home

    Richmond Police on Friday charged Robert Abney, 30, of Moberly Avenue, in connection with a May 30 explosion that injured Abney and damaged a neighbor’s home.
    Officers were dispatched May 30 to a residence in the 500 block of Moberly Avenue to investigate the report of an explosion.
    They found the remains of a plastic bottle bomb near a residence adjoining Moberly’s, according to an RPD news release. A wall of the occupied home was smoldering and grass was burned in the area, it added.

    July 28, 2014 4 Photos

  • 7-29 Steven Coffey.jpg Two led police on I-75 chase from Berea

    Berea Police found a man passed out and intoxicated inside his crashed vehicle on Interstate 75 Wednesday, according to a police report.
    Steven Coffey, 34, of Berea, had slurred speech and was unsteady on his feet when officers arrived at the vehicle, the police report stated. They determined he was under the influence of drugs, the report stated.

    July 28, 2014 2 Photos

  • 7-27 HeartChase 1.jpg A race to the finish line

    Sheltered by overcast sky and supported by a cool breeze, teams competed Saturday morning in the second annual HeartChase at Richmond Centre.

    July 26, 2014 6 Photos

AP Video
Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Southern Accent Reduction Class Cancelled in TN Raw: Deadly Landslide Hits Indian Village Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus Russia Counts Cost of New US, EU Sanctions 3Doodler Bring 3-D Printing to Your Hand Six PA Cops Indicted for Robbing Drug Dealers Britain Testing Driverless Cars on Roadways Raw: Thousands Flocking to German Crop Circle At Least 20 Chikungunya Cases in New Jersey Raw: Obama Eats Ribs in Kansas City In Virginia, the Rise of a New Space Coast Raw: Otters Enjoy Water Slides at Japan Zoo NCAA Settles Head-injury Suit, Will Change Rules Raw: Amphibious Landing Practice in Hawaii Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should Madison County’s three local governing bodies ban smoking in indoor public places?

Yes
No
     View Results