Logan sheriff, deputy focus of assault suit

Published 12:00 am Sunday, October 29, 2006

A Russellville man has filed a federal lawsuit against a Logan County deputy, the sheriff and the department.

The lawsuit filed earlier this month in the Western District of the U.S. District court alleges that while arresting Michael E. Pursley, Deputy David Kitchens &#8220willfully and maliciously struck, stun gunned, and pulled (Pursley’s) hair, inflicting painful injuries.”

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The defendants deny most of the accusations in the lawsuit and declined comment through Hopkinsville attorney John T. Soyars, who referred to their response in court documents.

Pursley also accuses Kitchens of intentionally pulling him from the police cruiser, causing Pursley back and neck injuries. Kitchens is named in the suit individually and as part of the sheriff’s department.

The lawsuit claims Sheriff Wallace Whittaker &#8220failed to provide Kitchens with proper training and supervision. He knew or should have known of improper actions and assaults by Kitchens but allowed him to remain on the department.”

Pursley is seeking $1,080,000 for medical expenses, pain and suffering, punitive damages and attorney fees.

Whittaker is accused in the suit of failing to enforce the laws of Kentucky and regulations of the Logan County Sheriff’s Department regarding use of force.

The response filed to the suit acknowledges that Kitchens arrested Pursley, but denies all other allegations.

Court documents also state that Pursley’s injures were caused by his own acts and omissions.

The response says both defendants are given qualified immunity by acting in their official role and the complaint is barred under the applicable statue of limitations. The response also claims Pursley failed to seek remedy under state law or plead inadequacies of remedies under state law.

The defendants want the complaint dismissed with prejudice so it can’t be refiled; and ask for costs that have been expended, including a reasonable attorney fee for the case be taken to trial.

Pursley’s attorney, Kenneth Haggard of Hopkinsville, said he is looking forward to handling the case and is already familiar with Kitchens’ history in law enforcement. Haggard represented another client who claimed abuse by Kitchens while he was employed by the Oak Grove Police Department.

Oak Grove settled the case for an undisclosed amount, according to federal court records.

&#8220I was shocked to learn he was still in law enforcement,” Pursley said when he first learned of Pursley’s case.

This lawsuit isn’t the first in which Kitchens has been accused of misconduct during his role in law enforcement.

While working in Oak Grove, the city settled two cases involving Kitchens, both including excessive force. One of the incidents involved Kitchens directly and in the other, Kitchens was the immediate supervisor of two officers involved, according to federal court records.

The mayor of Oak Grove sought to have Kitchens dismissed, but he resigned.

Haggard said Kitchens’ past actions as well as those recorded by the patrol car’s video camera will play a role in the case.

Whittaker should have looked at Kitchens’ history prior to hiring him, Haggard said.

His record was public especially with what happened in Oak Grove, Haggard said. The records show Kitchens has past problems with violence while serving in law enforcement.

&#8220We need to see what we have when we move into discovery,” he said. &#8220I’m not sure they haven’t had complaints about him in since he’s been at the sheriff’s department.”

Discovery is also necessary to determine what type of background check was done on Kitchens prior to being hired in Logan County, Haggard said.