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‘Fight Night’ lawsuit amended
On Tuesday afternoon, attorney Dustin W. Dunfield amended the lawsuit he filed in the Vernon County Circuit Court, on behalf of Alexander Trexel, a local inmate in the Vernon County Jail.
The charges and judgments sought were not changed and so Trexel still claims “that on no less than nine (9) occasions he has been forced to take part in what is being called ‘Fight Night’ by inmates and staff at the Vernon County, Missouri Jail.”
Together, the three counts of the suit seek judgment “in excess” of $1.2 million along with attorney fees and costs as well as punitive damages against the defendants — “jointly and severally” — in the amount of $150 million for a total of $151.2 million.
On Tuesday, Dunfield confirmed in an interview, as stated in the suit, that after being forced to participate in nine so-called “Fight Nights,” the most severe physical injury he could claim as being suffered by his client was “a cut requiring stitches above his right eye, and fear and anxiety for his personal safety.”
The amended filing adds the words “and bring this count under the authority of 42 U.S.C. § 1983” to each of the suit’s three counts.
Title 42 of the United States Code deals with public health, social welfare and civil rights. Section 1983 is the federal law establishing a cause of action for any person who has been deprived of rights secured by the Constitution or laws of the United States by a person acting under color of the state law.
In this case, the phrase “color of the law” refers to a law enforcement officer acting as if he or she has the authority or legal power to act in a particular way but their actions are actually a violation of law.
The suit contends in Count II, “under color of state law, [the defendants] violated Plaintiff’s interest in his liberty, personal security and well-being, all under the Fourth, Fifth, Eighth and Fourteenth Amendments to the United States Constitution and Article 1, Sections 2, 10, 12, 20 and 21 of the Missouri Constitution.”
As has already been noted by many and was not corrected in the amended filing, the suit does not claim wanton disregard to inmate safety but “deliberate indifference and wonton (sic) disregard to inmate safety.”
Tuesday morning, after watching the three Vernon County commissioners being served with the lawsuit, Dunfield took a few moments to emphasize several points.
“My concern about what’s been going on at the Vernon County Jail is why I filed this suit,” began Dunfield. “If inmates did not cooperate, they were moved to D Pod and were forced to fight.”
He said the sheriff was made aware of these problems but did nothing about them.
“We can’t have those charged with enforcing the law, violating it,” said Dunfield.
Asked if he knew for a fact that what Judge Neal Quitno had relayed to the Sheriff was specifically about this situation and his client, Dunfield said, “This was directly in reference to those charges and at my request, in regards to my client.”
On Monday afternoon, when contacted, Vernon County Sheriff, Jason Mosher, had yet to be served with a copy of the lawsuit and so was unaware of the claims of the suit but was read several passages from the suit.
Asked about what Quitno had told him, the sheriff said, “He made me aware of complaints having to do with the bullying of one inmate, which was someone else and that was all he said.”
Addressing the claims about “fight night” in D Pod, Mosher said, “That’s absolutely not true. We have video cameras there and it will clearly show no such thing took place.”
At this point, the sheriff paused and added, “Neither I, nor the deputies, nor the jailers would ever condone such behavior. That is not who we are and what we are about.”
He explained how, when people are arrested and are detained behind bars, they are not happy.
The sheriff said the greatest number of inmates in the Vernon County jail are from Vernon County and “they generally know each other before they ever meet in jail,” said Mosher.
He indicated most issues between inmates are generally over claims of money owed or stolen drugs.
Asked about fights the sheriff said, “Yes there are fights, but we have multiple cameras and we put a quick stop to them. I and my staff in no way promote, condone or turn a blind eye to any violence, even inmate on inmate.”
The suit was filed against Jailer Joseph Housel; Former Jailer, Bradley Gash; Sheriff’s Deputy, Ashley Alexander; Sheriff’s Deputy Lieutenant Eric Terry; Chief Sheriff’s Deputy, Shayne Simmons, as well as “individually and in their official capacities, Joseph Hardin, Everette Wolfe and Cindy Thompson as well as Sheriff Jason Mosher.
Count I claims “assault” by defendants Housel, Gash, Alexander, Terry, Simmons and Mosher.
Count II claims a “Violation of Constitutional Rights” by the same six defendants. The suit claims the defendants “violated Plaintiff’s interest in his liberty, personal security and well-being,” as defined in the constitutions of the United States and Missouri.
Count III makes a similar claim of violation of constitutional rights by the Vernon County Sheriff’s office, jail as well as Vernon County, Missouri.
Asked for a comment Tuesday morning, Presiding Commissioner, Joe Hardin, said, “I have not had the opportunity or time to review the lawsuit but I was made aware of it yesterday. The commission will review it today and potentially issue a statement later.”
While David Munton, presiding judge of the 28th Judicial Circuit, has been assigned the case a hearing date has yet to be assigned.
About this Dunfield said, “My guess is it [the lawsuit] will be removed to federal court, maybe St. Louis.”
Mosher said he is sued three to four times a year.
“It’s super easy for inmates to file and they don’t have to pay the lawyer fees,” said the sheriff. “But it’s the taxpayers who get stuck with the bill.”
Asked about the number of suits he and the county have lost and the amount of money paid out by the county Mosher said, “We have never lost a case and since I’ve been Sheriff, neither I nor the jail nor the county has paid out even one cent in settlement.”