COLUMBUS, Ohio — Franklin County commissioners have settled a lawsuit filed by a man claiming he was knocked unconscious by a deputy sheriff while in custody, adding to the list of lawsuits filed against the sheriff's office that have led to nearly $1.1 million in settlement payouts since 2009.
The county agreed yesterday to pay Brian Fisher $37,500, though the sheriff's office admits no wrongdoing. The sheriff's internal investigation found that Deputy Anthony Whitworth used improper force while trying to handcuff Fisher on March 2.
The lawsuit settlement comes a week after the county agreed to pay Jason Tucker $88,000 after he sued in federal court, claiming he spent four days in the hospital after a deputy dragged him down the stairs while handcuffed and broke his jaw with a flashlight.
The county has settled 27 lawsuits involving the sheriff's office since 2009: six in 2009, 15 in 2010 and six so far this year.
Sheriff Zach Scott did not return a call seeking comment.
Whitworth was helping deputies move Fisher from the jail to a court hearing and said the inmate had "a bad attitude," according to documents from the internal affairs investigation.
Whitworth told investigators that Fisher tried to kick him during a routine pat down and then later resisted when Whitworth tried to place him in handcuffs.
Video of the incident showed Fisher did not attempt or come close to kicking Whitworth in the face. A sheriff's report indicated that Fisher showed "no physical resistance."
The video also "clearly shows Deputy Whitworth struck the inmate in the back of the head with enough force to cause the inmate's head to strike the floor and (he became) unconscious," the report concluded.
The sheriff's investigation found Whitworth guilty of seven internal charges, including not being truthful about the incident, using excessive force and conduct unbecoming an officer.
Whitworth was suspended without pay for two days. Lt. David Hunt, who observed the incident, was demoted in rank for violating five internal policies, including neglectful duty and conduct unbecoming an officer, said Dave Masterson, finance director for the sheriff's office.
Fisher was transported to Mount Carmel West after being knocked unconscious. He was treated and later released back into sheriff's custody. He is being held in the county jail on 14 felony charges, including aggravated robbery, tampering with evidence, carrying a concealed weapon and improper handling of a firearm stemming from an incident in November.
Fisher's attorney, Byron Potts, said Whitworth got off easy.
"I think the (deputy) should have been fired instead of being suspended, but that is beyond my control," Potts said.
Patrick Garrity, director of management services for the sheriff's office, said Whitworth had no prior incidents. "Since he had no prior offenses, it was decided that a two-day suspension would be a deterrent to him taking such action in the future."