Commonwealth Journal

November 5, 2012

Lawsuit against Molen, Wood is dismissed

By HEATHER TOMLINSON, CJ Staff Writer
Associated Press

Somerset —  

A lawsuit alleging brutality against a local sheriff’s deputy has been dismissed — although the details of that dismissal are not available.
“The litigation has been resolved,” said Lexington Attorney Charles J. Cole, who represented the county in the federal civil lawsuit, initially brought by plaintiff Kevin McCoy in August. 
Cole declined to provide further details on the dismissal, which was entered by U.S. District Judge Gregory F. Van Tatenhove on Monday, Oct. 29. The reason for that dismissal is not available through electronic court records. 
McCoy filed the lawsuit in U.S District Court in London against Pulaski County Sheriff’s Deputy Steve Molen, Pulaski County Sheriff Todd Wood, Pulaski County Judge-executive Barty Bullock and Pulaski County Fiscal Court.  
McCoy’s lawsuit alleged that on Aug. 14, 2011, Molen rammed McCoy, who was operating a motorcycle on Ky. 70, with his cruiser.
“Molen utilized excessive force and performed an unnecessary, totally improper and potentially life-threatening ‘pit maneuver’ on McCoy, who was on his motorcycle,” the lawsuit read.
The lawsuit alleged that after McCoy was knocked to the ground, “Molen proceeded to unjustifiably assault McCoy.”
“After placing handcuffs on McCoy, with no resistance or provocation from McCoy, Molen continued to use excessive force while placing McCoy into the police cruiser, causing McCoy to suffer severe bodily injury,” the lawsuit alleged.
The lawsuit claimed McCoy had to be taken to the hospital for treatment before he was lodged in the Pulaski County Detention Center. 
The lawsuit also alleged that Wood, Bullock and fiscal court “were aware of Molen’s repeated use of excessive force as early as 2007 and they have individually and/or in a conspiracy with one another, participated or acquiesced in, contributed to, encouraged, implicitly authorized or approved the conduct ...”
McCoy was seeking a trial by jury and a monetary judgment. 
After the incident, McCoy was charged with reckless driving, menacing, fleeing or evading the police, driving on a DUI-suspended license, no registration plates or receipt and failure to maintain insurance.
McCoy was later indicted for reckless driving; driving on a suspended license; driving without a registration plate; and menacing, by intentionally placing another person in reasonable apprehension of imminent physical injury.
The civil suit had been delayed in U.S. District Court while McCoy’s charges were pending resolution.