SOUTH BEND, Ind. -- The second and final day of the excessive force case against two firefighters began this morning in a South Bend Federal Court.
Inmates Cody Phelps and Terry Rutledge are suing the two firefighters, Wyatt Dunkley, and William Stuart, alleging that the use of a firehose against them on April 30, 2021, was excessive force and violated their constitutional rights. The eighth amendment to the Constitution makes it illegal to use 'cruel and unusual punishment.'
The jurors reviewed multiple pieces of evidence in the courtroom today, including written statements and video footage of the firefighters spraying the fire hose into cells on the date in question. The jury then had to determine if the evidence proved three things:
One- That the defendants intentionally used excessive force.
Two- That the defendants used excessive force maliciously and sadistically to harm the plaintiffs.
Three- That the defendants harmed the plaintiffs.
This civil trial is different than a criminal trial because the plaintiffs must prove 'preponderance of evidence' instead proving their case 'beyond a reasonable doubt.
The jurors deliberated for two hours before returning a unanimous verdict. The jury determined that the case was NOT proven according to the points listed above, meaning a victory for the defendants. Both plaintiffs had been seeking compensatory and punitive damages, which will not be awarded.
It is important to note that the defendants in this case were two individuals and that the state of Indiana, IDOC, and ISP were never parties in this case.