Two contested Pulaski County police officers face another federal civil lawsuit. The third lawsuit has been brought against them since they were arrested on a conspiracy to deny civil rights against those they arrested.
Somerset resident Kayla Dobbs filed a lawsuit against Constable Michael “Wally” Wallace of Pulaski District 5 and Constable Gary Baldock of Pulaski District 4 in the US Eastern District of Kentucky Court in London last week.
Dobbs claims the two elected officials violated their rights through illegal searches and seizures, false arrests and false detentions. physically assaulted while looking for her person; used intimidation and violence to deprive them of their rights; physically damaged their property for no reason; and took away valuables that they did not register as evidence or returned to her.
The lawsuit was brought on their behalf by London attorney Clayton O. Oswald, Somerset attorney Gregory A. Ousley, and Barbourville attorney Samuel B. Castle, Jr.
Dobbs claims that on December 22, 2019, she was a passenger in a vehicle she owned and driven by someone else for drinking alcohol earlier that evening.
The car was stopped at a gas station when Wallace and Baldock approached and told her to “move the vehicle to another location.”
When Dobbs told police officers that she did not feel this was safe for her because she was drinking, she claims they insisted on moving her vehicle and she was immediately stopped by the police defendant [Wallace and Baldock] for a range of suspected criminal offenses. “
Records from the Pulaski District Court reveal that she was charged with driving a motor vehicle while under the influence of alcohol, having her rear license not lit, not wearing seat belts, not showing an insurance card, and having expired registration.
Court records show the charges were dismissed on March 11, 2020. According to Dobbs’ records in federal proceedings, the state case was dismissed by an oral motion from the Pulaski County Public Prosecutor’s Office. The release came just days after the FBI arrested the officers.
Dobbs goes on to claim that during the events related to her arrest, the police cursed her by using a sexually suggestive bow against her. She also alleged that Wallace “physically assaulted her under the guise of a search when the defendant Baldock looked on and said she wanted to.”
She claims that Wallace and Baldock “repeatedly” accused Dobbs of possessing illegal drugs and that they were asking for cash or drugs. “The defendants used a drug dog that found no trace of illegal substances in the plaintiff’s vehicle,” the lawsuit said.
Then, according to Dobbs, Wallace and Baldock began cutting open the seats of their vehicle and wrecking their vehicle in search of illegal substances. Nothing illegal was found in the search, she said.
She accused the police of taking personal property such as cash and gift cards that they found during their search.
These items, Dobbs said, were never put on documents, never entered as evidence, and never returned to them.
She demands “a sum to compensate her adequately for her injuries and damages” as well as punitive damages, legal fees and other relief to which she may be entitled.
Dobbs’ case is the third civil lawsuit filed in federal court. Ferguson-based Lester Turner Jr. filed a civil rights violation in September related to his meth trafficking arrest – a case that was also dismissed on March 11.
Then, in November, Eubank couple Ronald Lee Stigall Jr. and Anita Stigall filed a complaint alleging the police officers used false information to obtain a search warrant to search their home. When police officers did not find illegal drugs, the couple claimed the police officers intentionally planted illegal substances in their home.
According to court records, neither couple was charged in connection with the search by a Pulaski County grand jury.
All three cases come after Wallace and Baldock were arrested in March and charged with conspiracy against civil rights.
While Wallace was peacefully detained by the FBI and released the same day, Baldock reportedly fired a gun at FBI agents when they tried to arrest him at his home. Both Baldock and an agent were wounded in a reported exchange of fire. Baldock was taken to a Lexington Hospital for treatment before being placed in the Grayson County Detention Center.
As a result of this incident, Baldock was charged with the attempted murder of a federal agent and the unloading of a firearm during and in connection with a violent crime.
In addition, both police officers face drug charges: possession with the intent to distribute methamphetamine.
Both men have not pleaded guilty to all charges.
The other two civil trials have been suspended until the outcome of the criminal proceedings is known.
The date of the criminal case is currently in the air. It was scheduled for January 19, but a December court order has postponed all trials scheduled to begin before March 15 due to the ongoing COVID-19 situation and a new date has not yet been set.
Bowling Green attorney Aaron Smith, who is representing Wallace in all three civil cases, said his office is investigating the claims in the new case and expects to defend the case in due course.
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