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Attorney for Sheriff, County asking federal judge to throw out brutality lawsuit
Posted On 10 Feb 2010
A federal lawsuit brought by a Corbin man who claimed he was severely beaten by a Whitley County Sheriff’s Deputy during a disagreement over a firearm in 2007 should be thrown out, one attorney argues, because it doesn’t meet legal standards necessary to sue public officials for misconduct.
Jane Winkler Dyche, who is defending Whitley County, its Sheriff’s Department and Whitley County Sheriff Lawrence Hodge, has filed a motion for summary judgment in U.S. District Court in London that intends to gut a lawsuit filed by Dalton Christopher Brewer in June 2008. The lawsuit names as defendants Whitley County, it’s Sheriff’s Department and Sheriff Lawrence Hodge personally, along with 47-year-old Tony Ramey – a former Corbin police officer he claims is a "current or former" deputy.
According to the original lawsuit, Brewer, a resident of Gilliam Street in Corbin, "lawfully purchased" a firearm (a Glock Model 27 Pistol) from Tony Ramey’s son, 29-year-old Perry Ramey, on May 28, 2007 for $300. Perry and his father Tony came to Brewer’s residence on June 13 and demanded return of the firearm. Brewer claims he offered to return it in exchange for a refund of his purchase price, but the deal went sour.
The Ramey’s allegedly forced their way into Brewer’s home and beat him and choked him. Attorneys for Brewer say their client was hit with the butt of a pistol in the face, on the head, in the ribs, on his back and sides. He was also kicked and choked. Brewer said Tony Ramey also threatened to kill him.
The complaint also alleges that Tony Ramey represented himself as a law enforcement officer and told Brewer he would take him to jail during the altercation.
In her motion, filed Jan. 27, Dyche makes numerous arguments as to why the case should be thrown out, including that public officials are immune to such actions unless it can be proved policies they put in place lead to civil rights abuses.
"There is no evidence in the record of any continued pattern of conduct or of any policies, procedures, customs or practices systematically applied which in any way adversely affected Plaintiff. The proof simply is not there."
Central to the case is a dispute over whether Tony Ramey was a deputy for the Whitley County Sheriff’s Department. Hodge has steadfastly maintained he wasn’t and had never met Ramey in his life.
But in the motion, Dyche admits that Hodge actually agreed to allow Ramey to serve as a "volunteer deputy." He was administered an oath of office by Whitley District Judge Cathy Prewitt, but never executed a required bond for "faithful performance," which Dyche said is required by Hodge for both certified and volunteer deputies.
Volunteer deputies have no arrest powers in Kentucky and can only act under the supervision of a certified police officer. They do not wear uniforms, carry guns and are not issued vehicles.
In a pre-trial deposition, Hodge said his deputies do not respond to calls inside the city limits of Corbin. Dyche argues Ramey acted on his own in the case and is personally liable for his actions.
"Ramey was on a purely personal mission, attempting to recover a firearm his son had stolen from him and sold to Plaintiff."
Brewer won a default judgment in Dec. 2008 against Tony Ramey who never responded to the lawsuit.
U.S. District Judge Gregory F. Van Tatenhove is reviewing the latest motion but has yet to rule.
A trial in the case is scheduled for November
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To Someone who knows the truth: You don’t know the truth. You know the lies and deciet that Dalton Brewer is portraying. There is documented and video evidence of Brewer playing with a dog and jumping over a chair. He isn’t disabled. He is just another scammer like a ponzi scammer. Tony is a good guy. You forget something. Brewer helped destroy many lives with his drug dealing. He helped Perry stay on drugs he enabled him. Brewer lives with a road WHe9w Rachel and she is a stripper, you are stupid. You dont have a clue. The Brewers are scum and make a living on others misery. The federal law suit will be thrown out when evidence is presented that there is nothing wrong with him other than he is con artist and the family is inbred. I’ll bet you are inbred as well.
Apparently, not a single one of you has any idea what’s going on. Ramey never drank growing up? Ramey served in the navy forever ago? WHO CARES. He violently BEAT someone 2 yrs ago. And yes, Brewer is suing over that. If a deputy drove to your house, demanded you give him your property, then beat you within an inch of your life you’d sue too. And Brewer is also suing Laurel county. If a police department LIED to try to get you convicted on false charges you’d sue for that as well. There is a reason Brewer was found NOT GUILTY on the dog charges. He wasn’t guilty. There is a reason both Tony & Perry were found GUILTY 2 weeks ago. They are guilty. How dare you get on here and bash the victim of an assault. You don’t know anything – and before you say something about him being a drug dealer, why don’t you put your 2 brain cells to use and realize that there is more to the story here. Brewer had never been arrested for drugs or anything of the sort before this happened. Brewer was then violently attacked by a police officer. ONE MONTH later Brewer is now a major drug dealer. Like 6 months after that he is a major dog fighter?????? Come on. You don’t think the police might be after him so that he doesn’t end up winning his lawsuit????? WAKE UP. This abuse of power could one day be directed at you. You won’t like it very much, I assure you. Idiots posting what a good guy the cop used to be is a joke. Brewer started his own business at 16 years old & he was successful. He can barely walk now. Tony did that. Tony beat him. Tony threatened to kill him. That sound like a good guy to you?
Tony Ramey brought himself up from the bootstrapes. Having no father and a mother who worked two and three jobs rasing four kids he has made a good man of himself. A decorated Navy veteran and a decorated police officer Ramey never even drank or smoked. Rameys only problem was he was a father to two boys and always gave them everything. He was the good father to those boys, a father like he never had. The Brewers are sue happy people who make their living sueing good people and selling drugs. If you don’t think I speak the truth ask around.
Dalton Brewer is a drug dealer. He has also been arrested and indicted for fighting dogs. But somehow he convinced the jury he was innocent and they believed him. I know Dalton Brewers father personally and he is a bonafide Drug Dealer, the police have him charged with a lot drug offenses. His girl friend Rachel Poole is nothing but road trash just like him. He will get what he deserves. Mr. Ramey was a good policeman when he worked for Corbin city. I used to read in the paper all of the good deeds he did. Even the former mayor Scott Williamson once said that if there were more like him the city police would never have a problem. Not like some of the ones that used to work there. They have a good chief now and the officers are honest. I hope Mr. Ramey is found not guilty when he goes to trial, he doesn’t deserve this, but Perry Ramey needs to be held accountable.
What the public doesn’t know. When Brewer was granted the default judgement, Ramey was laying in the Corbin Hospital as a patient having a pacemaker installed, this was Nov 12,2008.
Brewer has changed his story so many times it’s pathetic, the real truth is Ramey intervened after Brewer elbowed Perry Ramey in the face stunning him. Ramey was sitting in the car when they started fighting. Brewer tried to get to a gun to shoot the Ramey’s, he stated to a friend he would have killed them both.
Brewer was arrested one month after the June 07 incident for 16 counts of drug charges including script blanks.
There has been 3 judges, 3 prosecutors, 14 court appearances. The 2nd prosecutor resigned because he said he couldn’t prosecute Ramey for acting in self defense and the fact he is a highly decorated Navy veteran that served his country in the Cold war and the Gulf War, while Brewer sell’s his poison to the community.
Why don’t someone ask the Commonwealth Atty why Brewer hasn’t been prosecuted yet? He is a drug dealer and the world knows it.