Joe P. Asher

Staff Writer

A pair of Kentucky State Police troopers have been named in a lawsuit filed Tuesday morning by a Pathfork man who claims to have received malicious treatment when the troopers arrested him.

Richard Green, 44, filed suit in Harlan Circuit Court against troopers Jimmy Halcomb and James Earl Hensley Jr.

According to the arrest citation, on Jan. 23 troopers were attempting to serve Green with an E-warrant out of Bell County when he became uncooperative. The citation states when Hensley told Green he was under arrest, Green kept asking if they had a search warrant. After being informed he was under arrest, Green put his forearm on Hensley’s chest and got nose to nose. Hensley then pushed Green against the wall and handcuffed him. Green was carried down his walkway screaming and pushing back with his feet. Troopers advised Green’s father to move out of the walkway so they could put Green in the cruiser.

According to the civil complaint filed by Green, Hensley and Halcomb committed the tort of intentional infliction of emotional distress when they arrested him on Jan. 23. The complaint states Green was “purposefully subjected” to “criminal abuse” and that the troopers acted “with malice, without good faith and far outside the scope of their duties as Kentucky State Troopers.”

The complaint alleges “Hensley purposefully deprived Green of clothing out of malice apparently in retaliation for Green posting his opinion of Hensley’s recent government action on Facebook.”

According to a press release from Green’s attorney, Douglas Asher II, (who was also a former Kentucky State Police trooper for a period of time), along with filing suit in Harlan Circuit Court, Green has contacted Kentucky State Police Commissioner Rodney Brewer, the Office of U.S. Department of Justice Civil Rights Division in Washington D.C. and the office of Gov. Steve Beshear concerning the matter.

Previous Enterprise reports show Green has a history of arrests, including an arrest several years ago which left Green facing charges of first-degree assault and possession of marijuana. It was reported that Green hit Bruce Roskie with a large piece of wood in the face causing injuries which required medical attention. Green also has a lengthy arrest record in Bell County.

The state police declined to comment on Tuesday, saying they had not been served a copy of the complaint. The complaint, however, was sent to various news agencies from Asher Law Office on Tuesday.

Reach Joe P. Asher at 606-573-4510 or jasher@civitasmedia.com