The settlement comes a year after, the U.S. Court of Appeals Sixth Circuit reversed the lower court’s ruling to dismiss the case stating the district court failed to review the excessive force claim for reasonableness.
The 19-page civil complaint, which alleges assault, battery, evidence tampering, medical negligence and conspiracy to falsify reports, identifies Greene County Sheriff Gene Fischer, county commissioners, five county deputies and a state trooper as defendants in the case.
“I think it was the best decision for my clients, for Greene County and for the taxpayers to settle this case for a known amount prior to going to trial, said the attorney for Greene County, Kevin Lantz of Miamisburg-based Surdyk, Dowd & Turner. “Although we believe nothing was done wrong, you never know what a jury is going to do. So it was a good business decision.”
There is no admission of liability in the agreement, said Lantz, which is waiting to be signed.
Greene County Jail Administrator Maj. Kirk Keller said the use of force and medical reports related to Burgess were reviewed after the lawsuit was filed and the sheriff’s office determined all policies and procedures were followed.
“It comes down to a priority of the value of the truth versus the economic impact on the taxpayers,” said Maj. Kirk Keller, the Greene County jail administrator.
A formal investigation was not initiated because there was no initial indication that any wrongdoing or an assault occurred, Keller said.
Video footage of the incident no longer exist, according to the sheriff’s office. The video recording unit routinely overwrites previously recorded video, said Keller who added there was no need to keep the video because corrections officers did not use unnecessary force.
Keller said Burgess resisted being pat down by deputies, so they “took him down onto the ground,” but there were no “altercations” with him. Burgess did not require emergency treatment at a hospital, he added.
Burgess declined to discuss details of the settlement, but said his injuries were worth more than the amount of the agreement.
“I don’t think it was enough,” Burgess said.
Burgess said his injuries, which included damage to his eye socket and soft tissue and nerve damage in his face, required surgery.
“It’s a negotiated outcome,” said Burgess’ attorney Matt Schultz of Brannon & Associates based in Dayton. “Nobody’s ever completely happy with an outcome like that. It’s sufficient.”
Burgess and his wife filed the lawsuit in U.S. District Court following a traffic stop on State Route 235 near Central Avenue in Fairborn.
According to court records, Burgess alleged deputies working in the county jail became upset after he asked one if he wanted to perform a sexual act on him while he was patting him down.
After the alleged scuffle, Burgess was taken to a holding cell.
The complaint alleges the nurse practitioner at the jail failed to examine and diagnose Burgess’ injuries or listen to him about his medical needs.
“There’s a law and I feel they went above the law,” Burgess said.
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