Man says Fort Gay police officer harassed him

By Kyla Asbury | Aug 8, 2011

WAYNE -- The Town of Fort Gay and one of its police officers are being sued after a man claims the officer continually harasses him and falsely arrested him.

Police Officer Kevin Fraley has a history of harassing David Dean, including writing him 12 tickets in a seven-day period and illegally taking possession and towing his vehicle, according to a complaint filed June 24 in Wayne Circuit Court.

On Feb. 20, Dean claims Fraley stopped a car in which he was a passenger and arrested him without a warrant or probable cause.

Dean claims Fraley handcuffed him and transported him to the Wayne County Courthouse. He claims while at the courthouse, Fraley applied for an arrest warrant, but was denied bu a magistrate because there was no probable cause.

In desperation, Fraley took Dean, who was still handcuffed, down the back steps and down three flights of stairs to the basement to search for a fugitive from justice warrant, according to the suit.

Dean claims while going down the stairs he fell and became severely injured, but Fraley would not seek medical help for him and instead, drove him to Fort Gay and released him.

After being released, Dean was transported to St. Mary's Medical Center's emergency room for his injuries, according to the suit.

Dean claims at the time of the examination, acting Mayor Jessica Morgan instructed Dean to tell the treating physician a lie and say that he slipped on water on the courthouse steps because then the Wayne County Commission would be responsible for the medical bills and not the town of Fort Gay, but he refused to lie.

Fraley was later fired for his actions, according to the suit.

Dean claims the town failed to adequately train Fraley and that the lack of training reflects on the city's policy.

The defendants' actions were negligent and caused Dean injuries, both physically and emotionally, according to the suit.

Dean is seeking compensatory and punitive damages with pre-judgment interest. He is being represented by D. Scott Bellomy.

The case has been assigned to Circuit Judge Darrell Pratt.

Wayne Circuit Court case number: 11-C-116

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