A Layton man who claims he was struck a dozen times while being booked into the Davis County Jail has notified the county he might sue.
Attorney Kathryn Collard says she filed a notice of claim seeking $125,000 in damages in behalf of Daniel Hyme, 31, in hopes of reaching an out-of-court settlement.While being booked on a drunken driving charge April 15, Hyme contends a jailer took him into a holding cell and struck him with an open hand in the head and face.
Hyme suffered broken teeth and nerve damage to his jaw, which was knocked out of alignment by the blows, Collard said. He also suffered nerve damage to his hands when his handcuffs tightened and moved up his arms as he was struck, she said.
Hyme, who was fired from his firefighting job shortly before the incident, has not been able to find work because of his injuries, Collard said.
Sheriff's Chief Deputy Kelly Sparks has said Hyme was not cuffed during the incident.
The jailer, Cpl. Dennis "Jay" Jabczynski, was fired after another deputy reported the incident. Jabczynski is appealing the termination.
"We were impressed by the fact the county accepted responsibility for the actions of this officer," Collard said. "I think the county acknowledges this should not have happened, and they've indicated a willingness to sit down with us and negotiate some resolution."
Deputy Davis County Attorney Gary McKean said he and Collard have been discussing the notice since it was filed June 5.
If the attorneys fail to reach a settlement, Collard said she might file a federal lawsuit alleging excessive use of force and cruel and unusual punishment.
"He was assaulted while in jail by a jail officer, and other officers stood by while this occurred," she said. "That's wrong and shouldn't happen to people when they go to jail."
Hyme has since pleaded guilty to a misdemeanor charge of drunken driving stemming from the arrest.