Civil trial set to begin today over Williamsburg police brutality claim

More than three years after it was initially filed, a Jellico, Tenn. woman’s police brutality lawsuit against Williamsburg Police and the Whitley County Detention Center is scheduled to go to trial in federal court, today.

Kimberly Perkins also named Whitley County, the City of Williamsburg, Williamsburg Mayor Roddy Harrison, former Williamsburg Police Chief Russell Jones and Officer Michael Taylor as defendants in the suit, which was filed on May 13, 2009 in U.S. District Court in London. However, Whitley County, along with Harrison, Jones and Taylor in their official capacities for the city, were dismissed from the case in March.

According to paperwork filed in the case, the trial is expected to last three days and will be decided by a 10-person jury.
In the lawsuit, Perkins claims her fourth, fifth and 14th amendment rights under the U.S. Constitution were violated when she was arrested outside the Days Inn Motel in Williamsburg by Taylor on a charge of public intoxication by pulling surgical dressing out of her legs that had been inserted following surgery on her legs, refusing to loosen handcuffs that allegedly resulted in her hands turning blue and loss of medication, cash and jewelry that had been in her hotel room at the time of her arrest.

According to Perkins, she had just been released from the University of Tennessee Medical Center following surgery to treat chronic abscesses on her legs that were the result of multiple sclerosis. As a result of the surgery, Perkins stated she was taking a number of antibiotic and pain medications.

About 7 a.m., Perkins stated she was walking across the hotel parking lot to the Krystal’s restaurant when Taylor stopped her. Taylor had been dispatched to the hotel in response to a complaint by hotel management of employees in a loud and potentially violent argument.

"Plaintiff knew nothing of the argument and had nothing to do with it," Perkins stated in the lawsuit.

However, Perkins claims she was stopped and searched by Taylor, during which he allegedly ran his hands over her breasts and down through her crotch.

"He claimed she was a man," Perkins stated in the lawsuit.

Following the search, Perkins claimed Taylor placed her in the back of his police cruiser, got a key to her room from hotel management and, along with Russell Jones, search her room. The search took place without her permission, Perkins stated.
However, Jones was not on duty that day as he was home following a doctor’s visit.

Upon returning with her medication, Perkins claims that Taylor would not accept her explanation about the surgery, even though the bottles were labeled and told her she was under arrest for public intoxication.

"Taylor refused the offered explanation of her recent surgery, (Perkins’) request to take a breathalyzer and her offer to confirm her condition and recent surgery by calling the hospital," Perkins stated in the lawsuit.

In addition, Perkins said Taylor pointed out that she had track marks on her hand, which she claimed were the result of IV’s used during her stay in the hospital.

As a result of the surgery, Perkins stated she had wounds about one and half inches deep on her legs that had been packed with gauze. She alleges that Taylor removed the gauze and then probed inside the wounds claiming that Perkins was hiding drugs.

Once at the jail, Perkins claims her legs continued to bleed where the gauze had been removed and was in pain because she had not taken her medication that day. In addition, she alleges, she was locked into a dirty cell and noted her open wounds to jail staff.

"Plaintiff received no medication, no treatment for her legs, no water, no food and was later moved to another cell with another woman in it," Perkins stated. "Food and drink were provided to her cellmate, but not to her."

Perkins was released about 11 a.m., but claims when her property was returned, 22 pills were missing along with $585 in cash, three rings valued at $2,500 and $38 worth of winning lottery tickets.

The lawsuit was continued pending the outcome of the criminal case against Perkins in Whitley District Court.

According to court records, a bench trial was held Feb 7, 2011 in Whitley District Court during which Kimberly Perkins testified on her own behalf about the events that took place on May 14, 2008 that led to her arrest. After finding her guilty of the charge, Judge Fred White ordered Perkins to pay $188 in fines and court costs.

The civil trial was set to begin on Jan. 9. However, that date was continued as U.S. District Court Judge Gregory VanTatenhove considered a motion by several of the defendants to dismiss the lawsuit as it pertained to the individual defendants.

Following his ruling, VanTatenhove set a September trial date, but continued it until December during a pretrial conference in August.