Carolinas Verdicts

Plaintiff(s):

Eugene Dunston (Male, 51 Years)

Plaintiff Attorney(s):

Gregory M. Kash;
Law Offices of Gregory Kash;
Raleigh,
NC,
for
Eugene Dunston ■ Eric L. Doggett;
Doggett Law Offices;
Raleigh,
NC,
for
Eugene Dunston

Plaintiff Expert(s):

Dave Cloutier; Use of Force; Sanford,
NC called by:
Gregory M. Kash, Eric L. Doggett

Defendant(s):

Michael Hayes, 

Donnie Harrison, 

Duane Greenfield, 

Waco Douglas Jr., 

Ohio Casualty Insurance Company

Defense Attorney(s):

J. Nicholas Ellis;
Poyner Spruill LLP;
Rocky Mount,
NC,
for
Michael Hayes, Donnie Harrison, Duane Greenfield, Waco Douglas Jr., Ohio Casualty Insurance Company ■ Caroline Mackie;
Poyner Spruill LLP;
Rocky Mount,
NC,
for
Michael Hayes, Donnie Harrison, Duane Greenfield, Waco Douglas Jr., Ohio Casualty Insurance Company

Defendant Expert(s):

Jon Combs;
Use of Force;
Salemburg,
NC called by:
J. Nicholas Ellis, Caroline Mackie

On June 24, 2010, plaintiff Eugene N. Dunston, 51, was taken into custody as a pretrial detainee. A physical altercation occurred on Sept. 25, 2010, while Dunston was being housed at the Public Safety Center, operated by the Wake County Sheriff’s office. The altercation involved detention officer Waco Douglas, Jr. On that same date and immediately following the altercation with Douglas, a second physical altercation occurred involving Duane D. Greenfield, another detention officer. Afterward, Dunston was charged with assault on a government official (Douglas), to which Dunston eventually pled guilty. Dunston was back in the jail on Sept. 3, 2011 on unrelated charges when a third alleged incident occurred, this time involving detention officer Michael J. Hayes. Dunston claimed physical injuries as a result of the altercations. Dunston filed a lawsuit against Sheriff Donnie Harrison and detention officers Hayes, Douglas and Greenfield, as well as Ohio Casualty Insurance Company, as surety. The lawsuit alleged negligence, civil rights violations and state law battery. Dunston alleged that he complied with the officers’ orders in all instances and the officers used unnecessary and excessive force against him in violation of the Fourth Amendment and 42 U.S.C. § 1983. Dunston also claimed the officers were not properly trained and that the officers acted with malice and/or willful or wanton conduct. Defendants argued that Dunston, in all instances, resisted the officers, was unruly and refused to comply with orders, which led to the altercations. They maintained that Dunston’s injuries were the result of his own actions. Defendants asserted that the incidents, two of which were videotaped, showed appropriate use of force with a recalcitrant prisoner, who was non-compliant and abusive, both physically and verbally threatening the officers.

Dunston was taken to a local emergency room once in 2010 and once in 2011. At the 2010 visit, no real emergency was detected, although Dunston claimed he had bleeding from the mouth, abrasions to the back and arm, shoulder pain, and a swollen and bruised face as a result of the Sept. 25, 2010 incident. At the 2011 hospital visit, Dunston received 12 stitches to his forehead and 2 stitches to his ear. Dunston also claimed left shoulder pain. A head CT scan and a shoulder X-ray were performed. No fractures were found, but he reportedly suffered a hematoma above his eye and frontal scalp area.

The court directed a verdict against the plaintiff as to his claims of negligence. The issues of excessive force and state law battery went to the jury, which found that plaintiff failed to prove defendants had used excessive force against him, or that they had battered him. Judgment was entered for the defendants.

Judge:

James C. Fox

Demand:

$225,000

Offer:

$26,000

Trial Length:

7
 days

Trial Deliberations:

5
 hours

Jury Vote:

12-0

Jury Composition:

7 female/ 5 male

This report is based on information that was provided by defense counsel, as well as court documents. Plaintiff’s counsel did not respond to a request for comment.