CHARLESTON – A $290,000 settlement has been reached in a case in which a Boone County woman said she was the victim of excessive force by county sheriff’s deputies and the Madison Police Department.
Kelly Crawford filed her complaint in 2023 in federal court against the Boone County Sheriff’s Office, the Boone County Commission, Boone County Sheriff’s Deputy Camryn T. Daniels, the City of Madison, the City of Madison Police Department, Madison Police Chief Chet Burgess, Madison Mayor James Hudson and Madison Police Officer Joe Marino.
According to the complaint, Daniels responded to a call at Crawford’s daughter’s home on August 30, 2022, allegedly where Crawford was having extreme mental health issues. The complaint goes on to allege Crawford was restrained in a police cruiser and arrested instead of receiving medical help.
Forbes (left), diTrapano
“This is another unfortunate example of serious and disturbing allegations of civil rights abuses to a person in police custody,” Jesse Forbes, one of Crawford’s attorneys, told The West Virginia Record. “While the defendants vigorously denied and defended the claims, we are extremely pleased with the result for our client. As alleged, Ms. Crawford was in the throes of a mental health crisis and desperately needed medical help.
“Instead, as asserted, she was tazed, punched, handcuffed, pepper sprayed, and elbowed in the face before being stopped on a roadside taken from a police cruiser and then next remembering waking in a hospital with a broken face. These types of allegations have no place in our society and by standing up for herself Ms. Crawford has helped spread that message.
“Hopefully this helps prevent someone else from suffering such alleged injustices in the future.”
L. Dante diTrapano also was one of Crawford’s attorneys.
“The allegations in this case are devastating,” diTrapano told The Record. “Mental health and addiction issues are serious medical problems that need recognition and treatment. As alleged here, instead of getting such treatment at the scene, the officer engaged in excessive force that resulted in permanent and disfiguring injuries to this young woman.
“These types of claims and ignorance to medical needs have no place in our law enforcement communities. By coming forward and pursuing justice, Ms. Crawford has achieved a very significant result not only for herself, but hopefully this helps shine a light on such alleged abuses that might prevent someone else from being injured in the future.”
According to the complaint, Daniels was dispatched to a location in Wharton late on August 30, 2022, on a disturbance call. When he arrived, he said Crawford was foaming at the mouth and stated, ‘I’m Kelly, and I’m dead.” Despite that, Daniels did not request an ambulance for Crawford, who the civil complaint says is 5 feet, 4 inches tall and weighs 119 pounds.
Daniels also said Crawford struck him in the face with her closed hand when he tried to put her in handcuffs, so he used a taser gun on her, causing her to fall to the ground. When Crawford refused to get in the patrol car, she says Daniels punched her in the face with a closed fist.
Daniels also alleged Crawford tried to bite him while she was handcuffed and in the backseat of the patrol car while transporting her. He also said he exited the vehicle and opened the rear door to punch Crawford in the face again because she tried to throw her legs out of the car when he opened the rear door. He says he punched Crawford in the face with his right elbow later as he was driving when she tried to bite him again.
He also says Crawford’s agitated demeanor, which included striking her head against the windows of the patrol car, as justification for using pepper spray on her. Records from Boone County Emergency Management Agency show Daniels said Crawford, who was handcuffed in the back seat, was fighting him when he used the pepper spray.
The complaint says Marino met Daniels and took Crawford to Boone Memorial Hospital, where she was listed as a Jane Doe despite officials providing her name to the officers. The complaint says Marino punched Crawford in the face as well while she was in his custody.
Crawford says her injuries included a right pterygoid fracture, bilateral maxillary sinus fractures, bilateral orbital floor fractures, left orbital wall fracture, left zygomatic arch fracture, bilateral nasal bone fracture, nasal septum fracture and bilateral periorbital hematoma. The injuries were so severe she was transported to Charleston Area Medical Center, where she underwent surgeries to repair the damage.
Crawford says Daniels and the sheriff’s department have litigated prior claims of excessive force, including at least two other federal lawsuits. She says Daniels has acknowledged striking detainees at least 25 times in the last two years, according to the complaint.
She also says Burgess and the Madison Police Department have been accused previously of using excessive force in at least two additional federal lawsuits.
“When rights abuses occur the civil justice system exists to hold officers and our governments accountable,” Forbes said. “This accountability not only provides justice to the victims, but can also send a message that police brutality will not be tolerated.
“Those that protect and serve our communities must also recognize when medical and mental health services are needed. We all need and respect good police officers and most of them are brave and dedicated members of our society. However, any time there are allegations such as these, it has a devastating effect on that trust.
“The civil justice system is designed to even the playing field for every person to come to court and have their claims vetted and determined. That is precisely what occurred through this case.”
DiTrapano said the case shows justice can be achieved when ordinary citizens hold those in power accountable for their actions in court.
“While this is a significant result … this is an incident that should have never happened to someone in custody that needed mental health treatment,” diTrapano said. “This settlement should help Ms. Crawford to heal and deal with her injuries but also, hopefully, it provides a message to anyone ignoring mental health issues.
“These are serious issues that need to be addressed properly so that help can be provided. As alleged here, Ms. Crawford was the victim of excessive force instead of receiving that very help.
“We are proud of our efforts in this contested case and recognize that while no amount of money will change what happened, this can be used to help with her serious needs. It also should send a message to those that would violate civil rights in the future.”
U.S. District Court for the Southern District of West Virginia case number 2:23-cv-585
