On November 8, 2018

Lawsuit alleging police brutality in Rutland suffers setback

By Alan J. Keays/VTDigger

A federal judge has thrown out claims in a police brutality lawsuit against Rutland City and its police department, but Matthew Hart, a Rutland attorney representing Smith-Wallett, said he’s pressing forward against officer Ryan Ashe, who he alleges used excessive force when arresting his client.

Judge Christina Reiss issued the ruling in a case, pending in federal court in Burlington, brought by Smith-Wallett, a former Rutland woman who says city police officer Ashe slammed her to the ground leading to a concussion and other injuries when taking her into custody.

The officer in a court filing in support of the disorderly conduct charge brought against the woman wrote that she was so drunk she couldn’t stand up and fell down when he walked around the side his cruiser and tried to put her inside the vehicle. Ashe alleged that she was abusive and used obscene language in public, according to the lawsuit. Smith-Wallett’s breath test registered a 0.256 blood-alcohol level. The charge was later dismissed.

Chelsea Smith-Wallett, who now lives in South Carolina, earlier this year sued not only Ashe, but also named the city and its police department as defendants.

Following the filing of motions, the judge last week granted the city’s request to dismiss claims against both the municipality and its law enforcement agency.

This allows Hart to refile the claims with more specific allegations within 30 days of the Oct. 18 decision.

“I’m not going to do that,” said Hart, Thursday. “I’m just going to go forward against Ashe … Ashe is still in and that’s really the main target of the lawsuit anyway.”

The lawsuit alleged that at the time of Ashe’s hiring in Rutland in April 2014 he was about to be fired by the Glens Falls Police Department in New York where he had been working previously. Ashe had received three notices of discipline prior to resigning from that department, according to Hart’s lawsuit.

Do you want to submit feedback to the editor?

Send Us An Email!

Related Posts

Weather impacts Killington mid-week skiing

May 8, 2025
Killington Resort planned on keeping its lifts running during the week until May 11 (then weekends only), but rain and warm temps over the last several days have taken a serious toll on its snowpack. Therefore, Killington Resort will be closed Thursday, May 8, and Friday, May 9, to preserve what they have left and…

Good news, progress,and more work to come

May 7, 2025
The best news of the week was that Mohsen Madawi was released from detention here in Vermont.  The federal government offered no acceptable justification for Madawi’s detention, and, as a result, Judge Crawford of Vermont’s U.S. District Court freed him. The conditions of his release seem relatively simple: he is now free to go back…

Threading the needle

May 7, 2025
Last Thursday, May 1, the full Senate approved its version of the state budget for the fiscal year beginning July 1 with numerous changes from the House. On Friday the House and Senate appointed a conference committee (three House and three Senate members) to work out the differences between the two chambers. Once that happens,…

Sanders introduces Medicare for All

May 7, 2025
U.S. Senator Bernie Sanders, ranking member of the Senate Committee on Health, Education, Labor, and Pensions (HELP), alongside Rep. Pramila Jayapal (D-Wash.) and Rep. Debbie Dingell (D-Mich.), introduced the Medicare for All Act last Tuesday, April 29. Hundreds of nurses, health care providers and workers from around the nation joined the lawmakers for a press conference in…