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2 years ago
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Lawsuit information
Filed: 4.29.2020
US District Court for the Western District of Kentucky
28 U.S.C. § 1441
Miller v. Batson et al
Full video - https://youtu.be/1RnkAwG3EWY
Case files - https://shieldsofshame.com/miller-v-batson-et-al/
Police sergeant Mark Batson noticed a speeding vehicle on I-264W near the 16mm and initiated a traffic stop. Upon interaction, he smelled alcohol from the driver. The driver admitted to drinking a beer at Texas Roadhouse. Officer Batson spotted an empty alcohol bottle under the driver's seat. After asking the driver to exit, Batson conducted sobriety tests and requested a breath sample. The driver gave evasive responses and began questioning Officer Batson.
When Batson tried to arrest the driver, a scuffle ensued. The officer attempted to control the driver by pushing him against the police car, but the driver resisted. In the struggle, both fell onto a grassy area with rocks. Officer Batson briefly held the driver by the collarbone/throat to call for backup. He instructed the driver to lie down and informed him of his arrest. The driver continued resisting, leading Batson to use a hand strike to subdue him. The situation was only brought under control when another officer, VIU 12, stopped to help handcuff the driver.
The driver suffered facial abrasions, and Officer Batson's pants were torn. Although EMS responded, the driver declined hospital transport.

Police Lieutenant Micah Scheu I concur with Sergeant Keller's assessment. It is important that any sign of physical aggression or resistance by a person be dealt with immediately. This is particularly crucial when dealing with such resistance on the shoulder of an interstate. Any hesitation to do so could result in in the officer and citizen crossing into the traveled portion of the roadway, resulting in death or critical injuries by passing vehicles. Immediately taking Mr. Miller to the ground was appropriate action by Officer Batson. The wearable video clearly shows Mr. Miller was physically resistant to arrest and Officer Batson’s actions were necessary and appropriate. Officer Batson followed policies and procedures as well as clearly established law. No Action Recommended.

Matthew J Keller
Michael L Johnson / $89,793 / Still employed by We the people!
Christopher R Clark
Mark Batson
Arbits Ray Wislon Tow-In Equipment Operator 5day

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