EXTRA CONTENT: Williamsburg man files brutality lawsuit against Corbin police

Read the complete text of the lawsuit related to this story by clicking here.

Wiley Smith of Williamsburg, who claims Corbin Police tased him twice and then pepper sprayed him during a traffic stop on U.S. 25 in April 2010, before slamming the door of the police cruiser on his legs, has filed a federal lawsuit against the City of Corbin, Corbin Police Department, officers Rick Baker and Coy Wilson and Corbin Police Chief David Campbell.

In addition, Smith is suing Whitley County, the Whitley County Jail and Jailer Ken Mobley, claiming when he was brought into the jail, medical officials told him his right leg was broken in two places and his right ankle was dislocated, but failed to provide him with medical attention while he was incarcerated.

According to the lawsuit, which was filed March 31 in U.S. District Court in London, Baker stopped Smith on U.S. 25W on April 2, 2010.

Smith claims he complied with Baker’s request to see his driver’s license and proof of insurance. Smith added that he got out of his car at Baker’s request even though he uses a cane.

"For no legitimate reason, Baker shot (Smith) with an electrically charged Taser and (Smith) Smith fell to the ground in convulsions," Smith stated in the lawsuit.

Soon after, Smith claims that Wilson arrived on scene and used his Taser on Smith.

"The Tasing of (Smith) by Baker and Wilson was so severe that (Smith) convulsed violently on the ground and was unable to rise up or stand," Smith stated in the lawsuit. "Corbin Fire and EMS were called to assist."

Smith said he was then loaded into the back of a police cruiser, after which one of the officers slammed the door on his legs, injuring his right leg and ankle. From there, Smith stated he was taken to the Whitley County Detention Center. However, due to his injuries, jail official refused to lodge him in the facility, leading Baker to take him to Baptist Regional Medical Center.

Even though he was brought to the hospital, Smith claims Baker did not seek medical attention for him, but rather requested a blood sample be taken before taking him back to the jail.

"Smith was transported by wheelchair back to Baker’s police car, transported back to the Whitley County Jail and imprisoned without necessary medical treatment," Smith stated in the lawsuit.

Corbin officials have yet to file a formal response to the lawsuit.

However, in the arrest reports submitted by Baker, he states he was dispatched to the scene after Corbin Police received several complaints of a motorist on Ky. 3041 driving a maroon Chevrolet at a slow rate of speed and swerving.

Baker saw the vehicle as the driver turned onto U.S. 25W and initiated a traffic stop. He noted he could smell alcohol on the driver, whom he identified as Smith. In addition, he said Smith had slurred speech and red, bloodshot eyes and could not successfully complete a field sobriety test.

Baker added that Smith laid down on the ground and refused to move.

"When (Smith) went to the ground he fell on officer causing damage to Taser," Baker noted in the arrest citation.

There is nothing in the arrest citation to indicate Wilson used his Taser or that either office used pepper spray.

Baker added that he found two fifths on whiskey and a large amount of beer in Smith’s car.

Smith was taken to Baptist Regional Medical Center where a blood sample was taken to perform a blood alcohol test. According to a document filed in the court record, Smith’s blood alcohol was .32, which is four times the legal limit under Kentucky Law.
Once at the jail, Smith claims jail officials refused to seek medical treatment for his injuries even though one of the jail staff remarked that his leg was broken.

"While incarcerated at the Whitley County Jail, (Smith) was left to endure the pain associated with his injuries and made to crawl to the toilet and to his bed with the apparent broken right leg and dislocated ankle," Smith stated in the lawsuit.
Smith added that he was finally released from the jail on April 4, 2010, but neither his car nor his cane were returned.

"Employees of the Whitley County Jail informed (Smith) that he had a broken leg and needed to get it ‘checked out" as he was left at the sidewalk with two fractures to his right leg and a dislocated right ankle with apparent open wounds to the ankle and leg," Smith stated.

No response has yet been filed on behalf of Whitley County or the Whitley County Detention Center.

Smith is claiming he was assaulted and that the injuries were sustained were intentionally inflicted because of negligence on the part of the defendants.

He is seeking compensation for his physical, mental and emotional pain and suffering and humiliation he suffered. In addition, he is seeking unspecified punitive damages.