Attorneys for the Newburgh Police Department have submitted a response to allegations made in a suit against the agency.
The town of Newburgh, the department and officers Timothy Huber and Joshua Fisher were named in a suit filed by Sandra McCoy of Boonville alleging that officers wrongfully injured her when arresting her at the scene of a car wreck in March of last year. After being originally filed in Warrick County Superior Court II at the end of last year, the case was transferred to the U.S. District Court District of Southern Indiana Evansville Division in January.
The complaint states that both officers were on the scene of a car wreck on March 6, 2019 where Fisher was speaking to McCoy. According to the complaint, Huber walked up to the two and intentionally used an open hand to throw McCoy to the ground before placing her in handcuffs while she was still on the ground resulting in injuries.
Now, the department has responded with an answer filed with the court on Thursday, Feb. 6, along with a demand for a jury trial in the case.
In the answer, the department admits that McCoy was arrested at the time of the incident, but deny that she was assaulted during the arrest. The answer states that McCoy complained of injuries to her hip and leg and was transported, but there isn’t sufficient evidence to show that she was injured or that the injuries were as a result of any action from the officers.
In addition, the answer also states that the town, the department and the officers are exempt from being sued. The answer states that the original complaint never brought a claim against the town despite the town being named.
Ultimately, the answer claims any use of force that might have been taken was justified by the situation.
“Any force used upon [McCoy] was reasonable and necessary under the circumstances, and any injuries suffered by [McCoy] were due to, or caused by,m her own wrongful, willful, and negligent acts or conduct,” the answer states.
According to a probable cause affidavit filed in May last year, McCoy was charged with misdemeanor disorderly conduct in the incident. The affidavit states that McCoy failed to follow the instruction of officers.
The affidavit states that McCoy made “an unreasonable noise, and continued to do so after being asked to stop...”
An initial telephonic pretrial conference has been set for Monday, March 30. For information about the Evansville Division of the Southern Indiana U.S. District Court visit the website at http://insd.uscourts.gov.