A federal jury has found a Rutland City police officer did not use excessive force in taking a woman to the ground as he took her into custody, which she had argued in her lawsuit resulted in her suffering a concussion and other injuries.
Chelsea Smith-Wallett brought the lawsuit in March 2018 against Officer Ryan Ashe, stemming from her arrest early on the morning of July 24, 2015, in downtown Rutland.
The jury returned its verdict finding that Ashe did not use excessive force in detaining Smith-Wallett. The verdict came after the jury deliberated for two hours Tuesday, following a trial that spanned two days this week.
Ashe, in an affidavit in support of the disorderly conduct charge brought against the woman and later dismissed, wrote that Smith-Wallett was so drunk she couldn’t stand up and fell down when he walked around the side of his cruiser and tried to put her inside the vehicle.
According to the lawsuit brought by Rutland attorney Matthew Hart on Smith-Wallett’s behalf, after handcuffing Smith-Wallett, Ashe “forcibly moved” her toward the back of the cruiser.
“While this was happening, [Smith-Wallett] was pleading with Officer Ashe to let her go home with her brother at which time Officer Ashe became angry and slammed [Smith-Wallett] to the ground causing [Smith-Wallet’s] head to hit the ground along with her right knee,” the lawsuit stated.
Dash cam video from the officer’s cruiser did not capture the moment when the incident is alleged to have occurred on the side of the cruiser. The camera is focused straight ahead and through the windshield.
Rutland City Police Chief Brian Kilcullen said Friday that he was “pleased” with the jury’s verdict. He added that his department also undertook a review of the incident and determined that no excessive force was used by the officer in taking Smith-Wallett into custody.
Hart could not immediately be reached Friday comment.
It’s the second excessive force lawsuit Hart lost against Ashe in recent months. In August, a federal court jury also returned a verdict that Ashe did not use excessive force during a traffic stop on Dec. 20, 2016.
In that case, Kevin Elnicki, a local businessman, alleged that Ashe pointed a gun at him, dragged him out of his truck and slammed his head on the ground during the stop.
Ashe, in court filings, denied the claims. Ashe’s cruiser at that time did not have a dash cam, and city officers do not wear body cameras.
