City of Bedford request hearing to partially dismiss Mayor Craig and Chief Moore from lawsuit
BEDFORD - SEPTEMBER 6, 2023 - The City of Bedford attorney's Fine and Hatfield requested to set a hearing on their partial motion to dismiss Bedford Police Chief Terry Moore and Bedford Mayor Sam Craig from a recent lawsuit.
The request was filed on August 30th in Lawrence County Circuit Court.
Tyler Barton, Bedford, filed a lawsuit against former Bedford Police officer Morgan Lee and Bedford Police Chief Terry Moore, Bedford Police Officers Chase Hamilton, Bedford Police Officer Clay Blackburn, Bedford Mayor Sam Craig, Bedford City Council, City of Bedford on January 6, 2023.
On July 6, 2023 the attorney's for Bedford Police Chief Terry Moore, Bedford Mayor Sam Craig, Bedford City Council, and City of Bedford filed the motion to partially dismiss the lawsuit against them.
The attorney Danny Glass is expected to file a reply brief on the matter by September 12, 2023 on this request.
The attorney for Taylor Barton, Pamela Hensler and Michael Allen, of the Bloomington law firm Mallor Grodner LLP did not object to the request of city's request to partially dismiss the city.
Mallor Grodner LLP has also agreed to dismiss the Bedford Police Department and the Bedford City Council from the lawsuit.
However, they did object to holding oral arguments on the matter. The attorney believes the court can rule on the matter without holding oral arguments.
Attorneys for Barton, have also agreed to dismiss Bedford Police Chief Terry Moore and Bedford Mayor Samuel Craig in their official capacities only.
But the attorneys argue that Bedford Police Chief Terry Moore and Bedford Mayor Sam Craig should remain in their individual capacity.
In the court filings they argue that Chief Moore and Mayor Craig admit that Barton's allegations that Chief Moore and Mayor Craig had actual knowledge of the Constitutional violations were deliberate and indifferent to them.
The lawsuit maintains the police officers was inadequately trained as police officers, and directed flawed policies and practices. The lawsuit maintains that both Chief Moore and Mayor Craig acted maliciously and at least recklessly.
According to the response by Mallor and Grodner the court must assume the allegations are true at the motion to dismiss stage and then examine whether there is possible set of facts that allows the Plaintiff to recover.
Bedford Police officers Chase Hamilton and Clay Blackburn request to partially dismiss them from the lawsuit was granted.
Original story: BEDFORD - JANUARY 17, 2023 - A lawsuit had been filed against several police officers, including former Bedford Police Officer Morgan Lee, Bedford Police Chief Terry Moore and the City of Bedford in the case of former Bedford Police Officer Morgan Lee's misconduct on January 8, 2021.
The lawsuit was filed in Lawrence County Circuit Court on January 6, 2023.
In the seventeen-page lawsuit filed by the law offices of Mallor / Grodner LLP on behalf of Tyler Barton of Bedford, alleges eight counts of civil torts that have occurred.
The complaint was filed against Bedford Police officers Morgan Lee, Chase Hamiliton, Clay Blackburn, and Bedford Police Chief Terry Moore, as well as Bedford Mayor Sam Craig, Bedford Police Department, and Bedford City Council and City of Bedford that Tyler Barton and says that Barton suffered damages as being attacked in his own home.
Eight Counts of Civil Torts Alleged:
Deprivation of 1st Amendment
Deprivation of 4th Amendment
Deprivation of Rights for failure to intervene
Battery
Intentional infliction of emotional distress
Negligence
Negligent infliction of emotional distress
Trespass
On January 8, 2021, Barton who resided at 510 H Street, accidently smashed his fingers in a door between the house and garage at his residence which he was injured.
Due to the injury, he yelled, shouted, and cursing due to the pain of the injury. Someone hearing this and reported it to the Bedford Police Department.
Bedford Police officers Chase Hamilton and Clay Blackburn were dispatched to the location. The Bedford Police Department was on the location past January 8th into January 9th.
Both officers entered into Barton's home, and Officer Lee asked whether Barton needed an ambulance. Barton asked the police officers to leave the home.
Officers Morgan Lee and Chase Hamiliton did not leave the home as requested. Lee persisted in asking whether he wanted an ambulance. Only the three were inside the home at this time. In the lawsuit it is alleged that at this point the officers knew a crime was not committed and no one needed assistance.
Again, both Lee and Hamiliton were asked to leave the home, and the complaint alleges that the two remained inside the home without a legal right to do so.
Lee then turned off his body camera while inside the home, to conceal an attack on Barton. In the court documents it alleges that Lee began berating, cursing, and threatening Barton. Lee telling Barton " You are going to end on the wrong side of this,"
Barton replied by saying " No I do not want a f****n ambulance,"
Officer Morgan Lee telling Barton to " Hey shut the f***k up," Barton then replied " F***k you b***ch" According to Lee he approached Barton "in a way that was going to tell him he needed to show some respect,"
Lee then shoved Barton in his own home and then grabbed and violently threw him to the floor. While Barton was on the floor, causing an injury to the back of Barton's head. While still on the floor, Lee applied body weight to Barton's neck, throat, with his forearm or hand impeding Barton's breathing and causing Barton to feel he could no longer breath, to suffer pain and suffer mortal fear. Lee strangled Barton on the floor.
While being strangled by Officer Lee, Officer Hamiliton restrained Barton by holding Barton's legs.
In the complaint it says that both Officer Hamiliton and Blackburn had realistic opportunity to intervene prevent the attack. Neither officer intervened to rescue Barton. After the attack Lee turned his body camera back on.
Former Bedford Police Officer Morgan Lee pled guilty to Official misconduct by a public servant, and battery by a plea agreement in Lawrence County Superior Court I. The charge of strangulation was dismissed.
Former Bedford Police Captain Morgan Lee
Lee was sentenced on September 19, 2022, by Judge John Plummer III in Lawrence County Superior Court I, on a suspended sentence of 365 day in jail with one day credit, 363 days suspended, and will remain on supervised probation and 50 hours of community service.
A special prosecutor, Chris Gaal, was assigned to the case. Lee was represented by Attorney Edward J. Merchant from the law firm of Ruckelshaus Kautzman Blackwell who represents police officers and firefighters.
Indiana State Police investigated the misconduct allegations, and Bedford Police Chief Terry Moore asked for disciplinary actions by the Bedford Board of Works. Lee resigned from the Bedford Police Department effective August 6, 2021.
Lee served with the Bedford Police Department since July 2010 and served as a field training officer for Bedford Police Department.
The civil lawsuit the case is just in its preliminary stages.
Lawrence County Zephyr has reached out to City of Bedford attorney Greg Pittman for a response.
For breaking news, news and information go to lczephyr.org or like/follow the Lawrence County Facebook page.
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