Response to motion for summary judgment - Kentucky.com

At page 22 of their papers, the Defendants argue that Plaintiff has “no proof that any amount
of force was used on Gerald Cornett.” However, both McCoy and Gaines have admitted that they
used “pain compliance techniques” on Gerald when, according to them, he was unconscious from
his head wound. A jury would be well-within its rights to determine that these two went too far with
their “pain compliance” techniques.
Finally, these Defendants make unsupported and entirely speculative arguments that Gerald
could have suffered these unbelievably painful injuries some time prior to his incarceration. First,
of course, there is absolutely no proof of any such thing in the record. Terry McClanahan testified
that Gerald was fine when he left Terry’s home, and had no injuries of any kind. Officers Greene and
Washington testified that Gerald was fine, just drunk, and complained of no injuries even when
asked about same. Gerald was checked out by three (3) EMT’s who confirmed these same facts. He
was seen by numerous members of the Detention Center staff, all of whom denied Gerald making
any such complaints or having any symptoms of any such injuries. Gerald spoke to Rice and did not
mention any such injuries .If Hatton is to be believed, Gerald was medically assessed by her on two
(2) separate occasions, and he did not mention or exhibit symptoms of such injuries either time.
As discussed above, the Defendants’ reliance on Officer Hayes’, Brian Rice’s and Dr.
Nichols’ testimony for the proposition that all of Gerald’s bruises pre-dated his incarceration is
misplaced. Dr. Davis already cautioned the parties and the Court as to the voodoo science of
attempting to assign a date to bruises beyond “old” and “new.” Officer Hayes and Brian Rice are
not expert witnesses, and Dr. Nichols did not even review pictures of the bruises. On the other hand,
as stated above, numerous witnesses testified that they did not see bruises, even on Gerald’s arms
and legs, before he entered the Detention Center.
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