County to vote on $380,000 payment for woman ‘slammed’ into jail floor


The Montgomery County Board of Commissioners will vote Tuesday on a proposed $380,000 settlement of a federal civil lawsuit brought by a former inmate who accused jail personnel of slamming her into a concrete floor.

RELATED: Montgomery County voting to settle Wallace lawsuit

If approved, that amount would be paid to Emily Evans and her attorneys. Commissioners are scheduled to vote on that settlement and a $58,000 payment to former inmate Darryl Wallace.

Settlements of $375,000 to Amber Swink and $75,000 to Marsha Pate-Strickland were approved by the commissioners in August and October, respectively. Swink and Pate-Strickland were jail inmates.

JUSTICE IN THE JAILHOUSE: Special report on lawsuits against area jails

The four proposed or actual settlement amounts total $888,000 with at least six more lawsuits against the jail still pending.

Neither Montgomery County Sheriff Phil Plummer nor Evans’ attorney, L. Michael Bly, immediately returned messages seeking comment. A spokeswoman for the Montgomery County Commissioners said the commission would not be commenting on the settlement.

RELATED: County settles lawsuit brought by 60-year-old woman

Evans, then 27, was brought to jail on a drunk-driving charge early in the morning of March 30, 2014, according to jail reports. Her blood-alcohol level was twice the legal limit of .08, according to police reports and the lawsuit brought in Dayton’s U.S. District court.

Surveillance video showed Sgt. Eric Banks interacting with Evans. The complaint said deputy Thomas Feehan pointed a Taser at Evans and threatened her, and that Banks slammed Evans to the floor, causing multiple facial fractures.

RELATED: County settles lawsuit with woman who was pepper-sprayed while in restraints

An incident report by Banks said Evans used her legs to press against the wall and toward him, so he “guided her to the ground.”

The suit was dismissed against all defendants but two — Banks and Feehan, who lost an appeal to be excused from the suit. The suit originally named Sheriff Phil Plummer and two other jail personnel.

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When contacted, Banks said,”Phil Plummer does not allow his employees to speak with media so I am unable to comment.”

Feehan could not be reached for comment.

MORE: Read other stories from Mark Gokavi

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