BEDFORD – A special judge has been appointed to oversee the civil suit filed by Bedford resident Tyler Barton against the City of Bedford, mayor Sam Craig and the Bedford Police Department, as well as BDP chief Terry Moore, officers Clay Blackburn, Chase Hamilton and former officer Morgan Lee.
Greene Circuit Court Judge Erik C. Allen will preside over as Special Judge in this case, replacing Lawrence County Circuit Court Judge Nathan Nikirk.
The change of venue was requested by Barton and his counsel Pamela J. Hensler and Colleen Megumi Newbill.
The City of Bedford, Craig, Moore and Bedford Police Department are represented by Danny E. Glass, Thomas Hartz Bryan and Adam Stewart Glass.
Blackburn and Hamilton are represented by Janelle Paige Kilies and Keith Michaels.
Lee does not have appointed counsel, according to Indiana MyCase.
The suit alleged that on Jan. 8, 2021, Barton smashed his finger in a door at his residence in the 500 block of H Street, causing him to yell out in pain. This yell was overheard by a neighbor, who alerted police.
Barton’s complaint, filed in Lawrence County Circuit Court on Jan. 9, 2023, stated that officers Blackburn, Hamilton and Lee responded to his home that night, inquiring about the noise.
The complaint said that Lee offered Barton medical services to treat the injury to his finger, which Barton declined. Barton then asked the officers to leave his residence, as he said he was capable of tending to the injury on his own.
Lee persisted in offering Barton medical assistance multiple times after he declined, the court document said.
Officers Lee and Hamilton, who were said by Barton to be the only ones in the home with him at this time did not leave. The complaint also said that the officers were aware that no crime had been committed at the residence and that their assistance was not needed.
The complaint then alleged that Lee turned off his bodycam and threatened Barton, as the two began to cruse and yell at one another.
The document then stated that Lee shoved, then threw Barton to the ground without cause, causing his head to hit the floor leading to injury.
Lee then allegedly held Barton down and applied his body weight to Barton’s neck and throat with his forearm or hand, impeding Barton’s normal breathing and causing him to fear for his life, according to the complaint.
Barton’s suit alleged that he was restrained by Hamilton, who held his legs as this was happening.
Barton claimed that Hamilton and Blackburn both had an opportunity to intervene to prevent the attack, but did not do so.
The complaint also said that Moore, Craig, and the City of Bedford defendants are each responsible for training, supervising, and controlling the officers.
Barton claimed the incident resulted in the violation of his first and fourth amendment rights, battery, the intentional infliction of emotional distress, negligent infliction of emotional distress and trespassing.
He is seeking the defendants be ordered to pay damages suffered as a result of the incident, as well as for his attorney and court fees. He is also seeking a jury trial.
Lee was placed on administrative leave on in June of 2021, as the department investigated a claim of misconduct related to this incident.
Lee was notified on July 8, 2021 that an internal investigation had concluded he had violated multiple department policies, with the executive board recommending he be terminated.
Lee submitted his notice of resignation from his role with the department on July 30, 2021.
He was then arrested on March 5, 2022 and charged with battery, official misconduct and strangulation. Lee pled guilty to official misconduct on Sept. 13, 2022, with his charges of battery and strangulation being dismissed.
