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By Carl Keith Greene / Staff Writer
The city of Corbin and Whitley County have been sued in federal court on charges that they injured Wiley M. Smith while he was in the custody of Corbin police and the Whitley County Detention Center.
The suit, filed on March 31, names Mayor Willard McBurney, Police Chief David Campbell, police officers, Rick Baker, Coy Wilson and one “John Doe” police officer, Whitley Judge/Executive Pat White Jr., Whitley Jailer Kenneth Mobley and one “John Doe” deputy jailer.
Smith complains that on or about April 2, 2010, Baker approached Smith in Smith’s vehicle and asked for a driver’s license and proof of insurance.
Smith says he complied and was ordered out of the vehicle. According to the complaint, Smith suffers physical disabilities as to standing and walking.
When he left his car he used his cane.
“For no legitimate reason,” the complaint states Baker shot Smith with a Taser and Smith “fell to the ground in convulsions.”
The complaint goes on to state that Wilson shot Smith a second time with a Taser.
It states Smith was not able to get off the ground and continued to convulse.
Emergency medical personnel were called to assist in getting him off the ground and into the cruiser with his hands cuffed behind his back.
The complaint continues to state that Baker and Wilson slammed the cruiser’s door on his right leg injuring it.
Baker took him to the Baptist Regional Medical Center where he was taken inside in a wheelchair and blood for alcohol testing was drawn.
But, it states, Smith was not allowed to be examined or treated for his leg injuries.
It continues to state that he was taken to the Whitley County Detention Center and was imprisoned without necessary medical treatment.
Smith remained in the Whitley jail, examined by jail staff who said Smith’s leg was broken, but was denied medical treatment, the complaint states.
It continues that because of his injuries he had to crawl with the leg that was apparently broken and a dislocated ankle.
He was released on April 4 in a wheelchair from the jail to a third party without his car, cane and necessary medical treatment.
Employees at the Whitley jail, the complaint states, said Smith had a broken leg and should have it examined as “he was left at the sidewalk with two fractures to his right leg and a dislocated right ankle with apparent open wounds to the ankle and leg, according to the complaint.
The complaint charges the mayor, judge/executive, jailer and police officers as well as two “John Does,” with ignoring Smith’s injuries, assault and battery and intentional inflection of emotional distress.
It also calls for compensatory damages, and compensatory damages in the form of money, payment of medical expenses, reimbursement for fees and expenses, punitive damages, attorney fees and costs of the law suit, a trial by jury and any and all other relief to which Smith may be entitled.
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