By Bill Beard
For the Star-Gazette
On Monday, July 29, in Cass County Circuit Court, Judge Alesia A. McMillen dismissed with prejudice, meaning the case cannot be refiled, Charles W. Swan’s suit against Cass County Sheriff Bob Fair.
Filed in February 2012, Swan, of Beardstown, stated that on July 2, 2011, the Beardstown Police Department arrested and transported him to the police station. Swan alleged that while handcuffed, he “sustained injury/damage to his person that required him to be transported while still in custody of the Beardstown City Police Department to the Rushville Hospital for emergency treatment.” He continued that he “sustained injury/damage performed by Beardstown Police Officer Chris Baer.” Swan sought $7,000,000 in damages, $1,000,000 each in the seven damage categories of compensatory, punitive, nominal, exemplary, continuing, hedonic and future damages. Swan’s suit against the Beardstown Police Department had been previously dismissed in Cass County Circuit Court. On September 1, 2011, the court sentenced Swan to three years in prison and fined $1,200 plus court costs after pleading guilty to aggravated DUI and aggravated battery.
Swan also sought $7,000,000 in damages against Sheriff Fair in February 2012, alleging Fair failed to make an appointment with a neurologist and orthopedist following a physician’s recommendation after Swan tested positive at the Cass County Health Department for blurred vision, dizziness, vertigo, vision changes and vision loss in left and right eyes. He further alleged Nurse Practioneer Evelyn Sheaff recommended the referrals after a neurological examination on Swan tested positive for gait disturbance, headache and insomnia, and shoulder pain.
Swan charged Sheriff Fair failed to make the additional specialist appointment prior to sentencing. The court disagreed.