Greenbelt woman wins $261,000 lawsuit against Maryland
Resident alleged she was assaulted by troopers
This story was corrected on Oct. 1, 2009. An explanation of the correction is at the end of the story.
Greenbelt resident Kimberly Jones, 35, was awarded $261,000 by a Prince George's County jury Sept. 21 after she sued the sheriff's department, claiming she was maced and assaulted by sheriff deputies who unlawfully forced their way into her home.
"The verdict sends a message that the Maryland State Police Department is no longer business as usual and the government will be held accountable," said Cary J. Hansel, one of Jones' lawyers.
Hansel said Jones' case was unique because the department was sued for inappropriately training and supervising the deputies individually.
"A lot of the officers' defense was that they were doing what they were told to do," Hansel said.
On Sept. 15, 2006, Hansel said Jones had been sleeping in her residence after working the night shift at a homeless shelter where she worked with children.
Hansel said around noon Prince George's County sheriff deputies Billy Falby and Gerald Henderson knocked on Jones' door. Jones put on a robe, and as she slightly opened the door Falby put his foot in the doorway.
Jones asked for their warrant and said she was refused as Falby forced his way into her residence, punched her in the face and maced her.
Hansel said Henderson also maced her and struck her with his baton and arrested her.
Hansel said the deputies did not perform protocol to call female deputy to come to the scene and dress Jones, who was in her bathrobe; however they pulled out dirty clothes from a hamper and had her dress in them where she was.
A neighbor issued a 911 emergency call during the incident describing the attack on Jones that was entered into evidence during the trial. The neighbor testified to seeing Jones being hit with the baton by the deputies in the hallway, although the deputy said it never happened, Hansel said.
Jones was charged with assaulting a police officer, among other charges that were dismissed after Falby and Henderson did not show up for the criminal trial. Hansel said Jones lost her job because of the office's zero tolerance policy with such charges. Hansel also said that Jones has not able to get another job working with children.
Assistant Attorney General David Moore, who represented Falby and Henderson, said the jury's verdict speaks for itself and they will evaluate the jury's decision before deciding to appeal.
According to Moore, all of the claims the plaintiff brought against the deputies regarding their violation of Maryland Torts were cleared except simple common law battery found on behalf of Falby, and no economic damages were reported.
"Ms. Jones feels vindicated. It was never about the money for her," Hansel said about the verdict.
Correction: A previous version of this story started the suit was filed against the state police. It was filed against the county's sheriff's department.