Judge sides with former Johnson deputy in federal suit

By TONY FYFFE

BSN Editor

PIKEVILLE — A federal judge granted summary judgment to a former Johnson County sheriff’s deputy who was sued by a woman he arrested following a domestic altercation in 2019.

Lisa Spradlin alleged excessive force, assault, battery and intentional infliction of emotional distress in her lawsuit against Deputy James Primm.

Primm responded to a complaint of a physical altercation between Spradlin and her boyfriend, Brian Palmer, on Feb. 9, 2019. Primm had previously been dispatched to a domestic violence situation between the two at Palmer’s residence, according to court records.

“On this night, Primm was dispatched to the scene, spoke with Palmer at the neighbor’s house, then made his way to Palmer’s residence to speak with Spradlin,” U.S. District Judge David Bunning said in his memorandum opinion. “Primm spoke to Spradlin about the incident, asking whether Palmer had kicked in a door that Spradlin showed him. Primm told Spradlin that Palmer did not want her to ‘go to jail and stuff,’ and that Palmer ‘just wants you out of here . . . .’ (Id. Primm explained that he knew Spradlin did not reside at Palmer’s home, to which Spradlin responded that Palmer had indeed ‘kicked [her] out.’ Primm then asked Spradlin if the phone in her hand belonged to Palmer to which she responded affirmatively. After Primm made several requests for Spradlin to hand over Palmer’s phone with Spradlin refusing and asking for her own phone, a scuffle occurred between them. After the scuffle, Primm stated, ‘you’re going to jail if you don’t let me have that phone.’”

During the altercation, Primm shoved Spradlin onto the bed and wrestled with her for the phone and then deployed his taser on Spradlin and used it again a few seconds later, the opinion said.

“At some point during this altercation, Officer Primm punched Spradlin in the face for grabbing his taser while he attempted to tase her a second time,” Bunning said in the opinion. “After deploying his taser the second time, Primm shouted repeatedly for Spradlin to ‘let go’ and to ‘turn around.’ Then, Spradlin argued with Primm stating that she had not done anything and that she was recording the incident. Primm requested a backup unit.”

Primm and Spradlin then went into the living room after they both agreed that another officer would handcuff her, the opinion said.

“Spradlin returned to the bedroom to use the adjacent bathroom while Primm told her to get back out,” the opinion says. “Spradlin told Primm to get away from her to which Primm responded, ‘No, I’m not. I’m standing where I can see you, okay?’ They proceeded to argue about the previous altercation on the bed and whether it was okay for Primm to punch Spradlin for grabbing his taser. Primm informed Spradlin that he tried to arrest her for not releasing Palmer’s phone and for the alleged domestic violence.”

Spradlin was unhandcuffed in the bathroom and began taking pictures of her face with the phone, the opinion said. Primm told Spradlin not to take pictures, and Spradlin said “no,” the opinion said. Primm then tased her again from about two feet away and told her “it’s going on again unless you put your hands up,” the opinion says. He then handcuffed her and took her back into the living room to wait for additional officers, the opinion says.

“Sometime after this incident, Spradlin realized that the cellphone in her possession at the time was in fact her own device and not Palmer’s phone,” the opinion said. “In state court, Spradlin was indicted for assault, domestic violence, theft by unlawful taking, resisting arrest, assault of a police officer, and attempted disarming of a police officer. However, Spradlin was only convicted of resisting arrest, she was acquitted of the remaining charges.”

Bunning granted summary judgment to Primm on Jan. 25 and dismissed the suit with prejudice, saying, among other findings, that the deputy did not use his taser excessively on Spradlin and was entitled to qualified immunity.

“This use of force was not unreasonable,” Bunning wrote. “Even after a suspect is on the ground and arguably subdued, if they continue to be uncooperative and resist officers’ attempts to secure their arms, then they can be tased. Likewise, Spradlin was intoxicated, still unsecured, and non-compliant when Primm tased her the final time. Notably, Primm did not tase Spradlin after she was handcuffed and secured.”

Bunning also rejected Spradlin’s claims under state law for assault, battery and intentional infliction of emotional distress.

“Each time Primm deployed his taser, he instructed Spradlin to comply with an order, such as to give him the cellphone, to turn over, or to stop taking photos of her face,” Bunning said. “The only fact that arguably indicates malicious intent by Primm is Spradlin’s assertion that he laughed before tasing her in the bathroom. While that fact is in dispute about whether Primm laughed or warned Spradlin in that moment, this sole fact does not rise to meet Spradlin’s burden of proof that Primm maliciously intended to hurt her.”

Primm now works for the Bourbon County Sheriff’s Office.