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Published: Tuesday, November 07, 2017 @ 10:21 AM
The Montgomery County Board of Commissioners will vote later this month to approve a $58,000 payment that would settle former inmate Darryl Wallace’s civil lawsuit against the county and the jail.
The proposed settlement would be at least the third in a recent spate of civil rights lawsuits filed in Dayton’s U.S. District Court against the county and jail. The three settlements total $508,000. Several more lawsuits are pending against the county.
Wallace claimed that now-fired corrections officer Jerrid Campbell “viciously beat” Wallace with impunity, according to court records. The Sept. 28, 2015, altercation was captured on surveillance video.
The Montgomery County Sheriff’s Office has said it tried to prosecute Campbell, but that charges were not approved by prosecutors.
A 156-page internal investigation obtained by this news organization through the Ohio open records law shows the case against Campbell was presented to the prosecutor’s officeon Nov. 5, 2015.
The assistant prosecutor handling the case wrote that there was “insufficient evidence to charge any felony” noting that Campbell was the only officer in D-Pod and that the detective who presented the case agreed with the ”refusal” to prosecute.
The civil rights, excessive force lawsuit claimed that Wallace complained to Campbell that his cell’s hot water wasn’t working and Campbell refused to call maintenance.
I-TEAM SPECIAL PROJECT: Justice in the Jailhouse
Wallace called Campbell a name, the lawsuit said, and walked away before Campbell ordered him to stop and shoved Wallace to the ground.
“Campbell then pummeled Mr. Wallace with punch after punch while holding handcuffs and using them like brass knuckles,” Wallace’s attorney’s wrote. “(Wallace) was bleeding from his scalp.”
Wallace claimed he regularly experiences migraine headaches so bad “it feels like his forehead swells, the pain paralyzes him, and he vomits.” The suit also said Wallace’s vision has worsened since the incident.
Campbell argued that he acted appropriately given the situation, according to the sheriff’s office internal investigation.
Montgomery County Sheriff Phil Plummer has said Campbell was fired for “violations of numerous policies.”
According to sheriff’s office documents, those violations included: using racist slurs against Plummer and other command staff members; failing to allow an inmate access to a dentist; two violations of use of force; an inappropriate Facebook post about a co-worker, making inaccurate and untruthful statements to the Dayton Daily News; making similar statements to the Dayton Weekly News.
Campbell was initially suspended a total of 23 days for those alleged violations, and eventually was fired.
Campbell didn’t comment when the lawsuit was filed but has said he was fired “for exposing the segregation in the jail and for writing a complaint against Phil Plummer plus the rest of his racist command staff for creating a racist atmosphere towards black officer (sic) and threatening (other officers) for speaking out against racism.”
Montgomery County paid $375,000 to settle a suit brought by Amber Swink, who was pepper-sprayed while in restraints. The county also paid $75,000 to Marsha Pate-Strickland, who claimed a corrections officer violently threw her to the floor after refusing her request for milk instead of juice.
“A settlement, approved by Sheriff Plummer, between him, Montgomery County, and the plaintiff has been reached,” a statement from the Montgomery County Prosecutor’s Office read. “However, the necessary documents have not yet been signed by all of the parties or filed with the court.”
“I hope Mr. Wallace can move on and live a great, productive life for himself and his family,” Campbell said when reached by this news organization.
Montgomery County Jail lawsuit settlements
Three lawsuits of at least 10 pending cases against Montgomery County Jail staff have been settled out of court. Several more are pending, according to attorneys who have brought other suits.
Amber Swink: $375,000
Marsha Pate-Strickland: $75,000
Darryl Wallace: $58,000*
* — to be voted on Nov. 14 by county commissioners
Published: Tuesday, February 20, 2018 @ 12:19 PM
DAYTON — A sneaky new scam involving tax refunds is growing, and it means you need to keep a close eye on your bank account.
There are several variations of the scam: unexpected refund deposits to your bank account using compromised bank routing information, suspicious paper checks coming in the mail and, in one case reported in Maryland, it appeared a fraudulent refund check had been deposited using a smartphone.
According to the IRS, the victim will then receive a call or recorded message saying they need to return the funds to a collection agency-which is actually the scam account.
If you pay the scammers, you will get a double whammy hit to your bank account when the IRS or your bank realize that the deposit was bogus and withdraws the funds.
The number of victims jumped from a few hundred to a few thousand in just days, after more tax practitioner data breaches, according to the IRS.
The IRS has these recommendations to avoid getting scammed:
If you notice a suspicious deposit, contact your bank to have the money returned to the IRS and call the IRS at 800-829-1040.
If you receive a paper check, write “void” in the endorsement field on the back and return it to the location printed on the check.
Published: Tuesday, February 20, 2018 @ 11:49 AM
MIDDLETOWN — Two Middletown High School students were charged with disorderly conduct after a disturbance Friday in the school that caused a lockdowns at multiple schools, Middletown police said.
After the fight, someone in the crowd yelled: “He’s probably going to get a gun,” according to Maj. Scott Reeve from the Middletown Division of Police.
But police don’t believe anyone “threatened” to get a gun, Reeve said.
The alleged comment was reported by students to school officials, who immediately informed police, causing a rush to the school. Police then closed down the school’s doors, keeping anyone from leaving or coming in, Reeve said.
Published: Tuesday, February 20, 2018 @ 11:10 AM
MIDDLETOWN — Middletown police rarely respond to call for service at a Middletown bar where a man was punched and later died Saturday, according to police reports.
Police have been called to Old Crow Bar, 1217 Jackson Lane, three times this year, for reports of a bad check, possible OVI arrest and for Saturday’s incident.
John W. Fugate, 46, a musician who booked bands at the Old Crow Bar, died Saturday morning after an incident in the Middletown bar, according to Middletown police and friends.
Fugate allegedly was punched while he was standing on stage around 1 a.m. Saturday, said Maj. Scott Reeve from the Middletown Division of Police. Fugate fell backward off the stage and hit his head on the concrete floor, Reeve said. He was unconscious when police arrived at 1:18 a.m., Reeve said. Fugate was transported to Miami Valley Hospital in Dayton, where he died Saturday, police said.
Reeve said police know who allegedly punched Fugate, but no charges have been filed. After the investigation is complete, the facts will be presented to the Butler County Grand Jury for consideration, Reeve said.
In 2017, police responded to the bar once for a possible drunk patron on Sept. 15, according to police reports.
Police were called to the bar four times in 2016 for reports of domestic dispute, drugs, public disturbance and breaking and entering.
Reeve said Old Crow has changed management a few times, and while it was “a problem at times,” it’s not causing a nuisance now.
Fugate’s autopsy was performed by the Montgomery County Coroner’s Office, but results have not been released, officials said.
Published: Tuesday, February 20, 2018 @ 10:17 AM
LEBANON — Two Warren County boys in detention are scheduled to appear today in juvenile court in connection with alleged school threat cases.
One boy, 17, of Turtlecreek Twp. is charged with inducing panic by texting, “THAT’S IT IM GONNA SHOOT UP A SCHOOL I CAN’T TAKE IT ANYMORE” to friends on Feb. 15.
This case stems from an incident reported on Friday night by Lebanon City Schools involving a student threatening a student in another district using social media.
He is scheduled to appear at 1 p.m. in the Warren County Juvenile Court.
Another juvenile is scheduled for a 1:30 p.m. hearing on charges including inducing panic and intimidation of a witness in the court in Lebanon, according to court officials.
No complaint has been filed in this case.