Firefighters on trial in case alleging excessive force

NOW: Firefighters on trial in case alleging excessive force

SOUTH BEND, Ind. -- In South Bend today, a federal civil trial began brought by two inmates at the Indiana State Prison, alleging that two firefighters used excessive force by spraying them with a fire hose on April 30, 2021.

The firefighters were assisting prison guards during what is known as a 'shakedown' - when inmates are moved so that their cells and cell blocks can be thoroughly searched. The shakedown referenced lasted three days, from April 27 to April 30, 2021.

Guards assert that inmates were starting fires in their cells, and the two firefighters, Wyatt Dinkley and William Stuart, were responding. 
The two inmates, Cody Phelps and Terry Rutledge are suing the two firefighters for violating their constitutional rights, specifically, the Eighth Amendment which prohibits 'cruel and unusual punishment.'

The trial began in the morning with the selection of eight jury members, four men and four women, and continued after lunch. The court began by clarifying facts to the jury: that the state of Indiana, the Indiana Department of Corrections, and the Indiana State Police are not parties in the case. The plaintiffs, Phelps and Rutledge are instead only suing the two individuals named in the complaint.

The court also clarified that because the case is a civil one and not a criminal one, there is no responsibility on the part of the plaintiffs' attorneys to 'prove their case beyond a reasonable doubt.' They only need to prove that the evidence supports 'more likely than not' the inmate's assertion that the defendants used excessive force.

After the lunch break, opening statements were given and the first defendant, Wyatt Dinkley, was called to the stand. Everyone in the courtroom learned from testimony that firehoses can be used for security purposes, and not only for extinguishing fires. Today's trail day wrapped up at 5 p.m. and will pick back up in the morning. 

Stay with ABC57 News for updates throughout the trial.

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