Adams Stepner Member, Claire E. Parsons and Associate, Robin D. Neace, successfully defended two Newport police officers on excessive force and battery claims in a federal jury trial last week. In the case of Gerken v. Marksbury, et al., United States District Court for the Eastern District of Kentucky, Case No. 2:15-CV-148-WOB-CJS, the Plaintiff had alleged that the Defendant officers used unreasonable and excessive force in violation of the Fourth Amendment and a battery under Kentucky law following his arrest on August 9, 2014. Ms. Parsons and Ms. Neace, however, presented testimony from several witnesses demonstrating that the Plaintiff was heavily intoxicated and combative prior to and after his arrest. In addition, they presented medical proof showing that the Plaintiff did not complain of his alleged injuries until 15 hours after his arrest was secured. Finally, Ms. Parsons effectively cross-examined the Plaintiff and pointed out that his memory was incomplete and his statements about the alleged assault were internally inconsistent and contradictory. As a result, the Jury unanimously found that Defendant had not committed a battery or excessive force against the Plaintiff and the Court entered Judgment in Defendants’ favor on March 16, 2018. Ms. Parsons and Ms. Neace are both members of the Firm’s Local Government Practice and Civil Litigation practice group
Adams Stepner Attorneys Secure Defense Verdict in Federal Jury Trial
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