Oneida County settles fight lawsuit
By
CAROLINE GABLE
Story Created:
Aug 25, 2010 at 9:19 PM EST
Story Updated:
Aug 25, 2010 at 9:19 PM EST
UTICA, NY (WKTV) - The Oneida County Board of Legislators voted Wednesday night to settle a lawsuit in the case of a man who says an Oneida County Deputy Sheriff used excessive force trying to break up a fight.
26-year-old Dustin Brown will soon be the recipient of $25,000.00, after suiting Oneida County over an incident that happened outside a Clayville bar on May 31, 2008.
Brown and the deputies involved tell two different stories of what happened that night.
Brown says he was trying to break up a fight when a deputy ran up to him and pepper sprayed him in the face without warning. He says he was handcuffed and bent over the hood of the police car, with his head being hit several times on the hood.Then Brown say he was searched, and released.
Deputies say that's not what happened the night of May 31st 2008. Police say Brown got hit with pepper spray because he was next to the individuals fighting as they continued to brawl.
Brown claimed use of excessive force, and assault and battery.
Assistant County Attorney, Kurt Parry, says just because Oneida County is offering money, doesn't mean there is an acceptable of liability.
"The county in this case retained outside council and that outside council after reviewing the facts of the case and the issues pertaining to liability in the overall settlement of the case, addressed the board and rendered an opinion that in his opinion it was in the counties best interest to settle that case, in his opinion," said Perry.
Oneida County Legislator Michael Hennessy was the only legislator to vote against the settlement. Hennessy says that documents show the deputy followed procedure, and that legislators should support the sheriffs. He says regardless of cost, settling just sends the wrong message.
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