Lawsuits allege civil rights violations at Montgomery County Jail

Montgomery County Jail (WDTN Photo/Fred Taylor)

DAYTON, Ohio (WDTN) – Attorney Mike Bly represents a woman who claims excessive force was used on her while in Montgomery County Jail.

It’s one of seven pending lawsuits alleging civil rights violations and misconduct at the facility.

According to Bly, the County Commissioner’s request to have the jail investigated by the U.S. Department of Justice would be a benefit to the community.

“I think it will help establish good relations between the police and the community and after all that’s what everybody wants,” Bly said.

Emily Evans is the name of Bly’s client. She claims she suffered facial fractures and a bleed near her brain while being booked in March of 2014 due to excessive force by a sergeant.

In a report, jail employees claims excessive force was not used.

Another pending lawsuit was filed in 2016 by Amber Swink. Sheriff’s Office video shows Swink restrained in a chair and an officer pepper spraying her in the face.

“One or two, okay, but when you have a demonstrated record of claims being made against jail personnel for violations of civil rights, it’s time for the commissioners to do exactly what they’re doing,” Bly said.

The Montgomery County Jail is under the direction of Sheriff Phil Plummer who according to the commissioners has had more than enough time to correct the issues.

“It is our responsibility as public servants to let the citizens of this county know that the lack of action is unacceptable,” said Commissioner Dan Foley.

“When you’re an ordinary citizen on the street or somebody who’s under arrest, you have the right when you’re placed into custody to be free from unreasonable and unnecessary uses of force and to the extent that that is occurring at the jail and it’s not justified, it needs to be investigated,” Bly said.

There’s no guarantee that the Department of Justice will investigate.

According to Commissioner Deborah Lieberman, the U.S. Attorney’s Office for the Southern District of Ohio is also aware of the request.

Sheriff Phil Plummer has not responded for comment but has scheduled a news conference for Wednesday. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others and keep the conversation on topic and civil. If you see an inappropriate comment, please flag it for our moderators to review.

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