A Madison County deputy sheriff, who was sued in federal court along with former sheriff Nelson O’Donnell by a retired Richmond physician and his wife, who claimed he was wrongfully arrested and the couple treated maliciously, has filed a counter suit in Madison Circuit Court.
Deputy Ronald T. Allen filed his suit Sept. 6 claiming the Grises’ legal action was taken without probable cause, with ulterior and improper purpose, which constitutes an abuse of civil proceedings.
Allen’s suit calls the Grises’ action an offense against community standards of decency and morality, which caused the deputy humiliation, disgrace and loss of reputation by publicly claiming he acted improperly in the performance of his law enforcement duties.
In June, Dr. William P. Grise and his wife Mary filed suit in federal court claiming that Grise was wrongfully arrested and the couple treated maliciously by Allen by on Jan. 2.
Allen arrested William Grise on Jan. 2, charging him with public intoxication, fourth-degree assault and carrying a concealed weapon.
According to Allen’s suit, on March 14 in Madison District Court, William Grise “stipulated that (Allen) had probable cause to make the arrest” and lodge charges against him. The charges were continued for a year, pending no offenses by Grise. In spite of that admission, the Grises filed an action against Allen, the deputy’s suit states.
Because he claims the Grises acted maliciously by filing a civil suit against him, Allen claims the Grises acted maliciously, entitling him to punitive as well as compensatory damages.
In a Sept. 27 response, the Grises ask that Allen’s suit be dismissed because, the response argues, such counter claims should be filed in the same jurisdiction, federal court, as the original action.
A pretrial conference in Allen’s suit is scheduled for 9:27 a.m. Thursday in Madison Circuit Court.
According to the Grises’ suit, William Grise had taken a shotgun to an area of Parkwood Subdivision where he lives and fired two shots into the ground in hopes of quieting a barking dog.
Grise later noticed a car rapidly approaching his home. He put a pistol in his pocket because he had experienced past incidents of lawlessness on his property, the suit states.
The lights were that of the sheriff’s cruiser driven by Allen.
The deputy approached William Grise and asked if he had fired a shotgun.
Grise said he had fired into the ground, hoping the noise would silence a barking dog, the suit states.
Allen then followed Grise onto the front porch of his home and asked to search the house. Grise told Allen he needed a warrant to search the home, but the deputy told Grise firing the shots was a danger to children who were playing nearby, according to the original suit.
The deputy searched the home without permission, arrested William Grise and failed to check on Mary Grise who was ill at the time, the Grises’ suit states.
Allen and O’Donnell filed a response to the Grises’ suit in mid-August, denying their claims.
Bill Robinson can be reached at firstname.lastname@example.org or at 624-6622.