DAYTON, Ohio (WDTN) – The woman who said deputies body slammed her to the ground is now taking legal action.
2 NEWS Investigates first showed you the claim.
Emily Evans and her attorney Mike Bly say video proves Montgomery County Sheriff’s employees used excessive force, but leaders with the sheriff’s office say, while force was used, it was not excessive. Evans is suing the Sheriff and four employees who work at the jail.
The lawsuit, filed Monday in Ohio’s district court, is asking for more than $25,000 in damages for Emily Evans. According to her attorney, Evans suffered facial fractures and a bleed near her brain.
They say it happened after this incident, caught on tape in March involving a sergeant with the sheriff’s office. Evans was being booked into jail for OVI. She claims that Sergeant used excessive force.
Documents 2 NEWS Investigates obtained show employees at the jail claim Evans, “vaulted herself off the wall.” They say excessive force was not used and that sergeant did not violate policy.
Evans wants a jury to decide. She is suing for excessive force, battery, defamation and negligence.
The Montgomery County Sheriff’s Office has not commented on the lawsuit but they did say their office conducted an internal investigation into incident. They said the sergeant used appropriate force to control Evans’ resistance and prevent her from injuring herself.