Published: July 09, 2009 01:30 pm      

Lawsuit filed in dismissed police battery case in Clark County

Clarksville man seeking unspecified damages from town, officers

A man jailed last year for battery to an off-duty police officer filed a lawsuit against the town of Clarksville and others on Monday.

Paul Edward Small is seeking unspecified damages from the town, Police Chief Dwight Ingle, Clark County Sheriff Danny Rodden, Clarksville Police Officer Tony Bryant, Clark County Reserve Officer Donovan Harrod and Trees & Stumps Inc.

The lawsuit claims the defendants are liable to Small for false arrest, battery, intimidation, excessive force, false imprisonment and intentional infliction of emotional distress.

On Sept. 14, Bryant was cutting down tree limbs for money after a windstorm. According to a police report, he was not wearing his uniform and was off-duty while working for Trees and Stumps Inc., but was driving his police cruiser.

Bryant reportedly offered to cut down Small’s branches for a fee, and Small called a 911 dispatcher to verify Bryant was actually an officer. A physical confrontation between the two led to Small being jailed for five days and charged with class D felony battery to a police officer and class A misdemeanor resisting law enforcement.

Those charges were dismissed in April.

Harrod arrived at the scene and also was involved in making the arrest. The lawsuit described the arrest as “retaliation” for him calling 911.

Small previously said he planned to seek $1.5 million. He is being represented by Bruce Brightwell and Bart Betteau.