Williamsburg police, assault suspect settle lawsuit

A Monticello man, who is charged with assaulting two Williamsburg police officers and is suing the police department, settled his lawsuit in federal court earlier this month, but is still scheduled to stand trial later this week on the assault charges.
U.S. District Judge Danny Reeves agreed to dismiss the lawsuit filed by Keith Hart without prejudice on Sept. 7, according to federal court records that noted an undisclosed settlement had been reached.
Hart, 38, is charged with third-degree assault in connection with a July 15, 2003, incident at the Whitley County Jail, and is scheduled to stand trial Thursday morning.
Last year Hart sued the Williamsburg Police Department in connection with the incident, and for his arrest one day earlier when he alleges police beat him during a traffic stop near the 19 mile marker along I-75.
Hart claimed in the lawsuit that the day after the traffic stop, Officers Brad Nighbert, Wayne Bird, and Brad Boyd returned to the Whitley County Jail with a request to take photographs of him.
“Defendants Bradley Nighbert, Bird and Boyd entered plaintiff’s cell, beat him severely with their batons, kicked and punched the plaintiff, and sprayed him with mace in the face,” the lawsuit alleges. “A deputy jailer heard the screaming, approached the cell and ordered the officer defendants to ‘Halt!’ The officer defendants stopped beating the plaintiff and he eventually lost consciousness until he woke up at the Baptist Regional Medical Center in Corbin.”
Bird states on Hart’s arrest citation that he and Boyd went to the jail the next day about 3:30 p.m. to photograph Hart.
“Subject was cooperative at first then became very irate threatening to kill a deputy jailer,” Bird wrote on the citation. “Subject (Hart) then was asked repeatedly to comply with a search due to the fact he had a cigarette lighter. Subject would not comply. Subject then struck Officer Boyd and myself.
“Officers deployed pepper spray with no effect. Subject continued to kick and punch officers. Both officers used asp batons to bring subject under control.”
Braden ruled that Hart was competent to stand trial on June 13 after a hearing where Dr. Richard Johnson, a psychologist at the Kentucky Correctional Psychiatric Center (KCPC), testified that Hart performed adequately or above average on competency exams.
“He understood the charges against him, and what the possible sentences would be if he were convicted,” Johnson testified. “Mr. Hart is clearly competent to stand trial.”
Williamsburg Mayor Roddy Harrison declined to comment on the settlement of the lawsuit.