A Layton man who says he was beaten last spring while being booked into the Davis County Jail has filed a $125,000 claim against the county. Daniel Hyme, 31, says he was permanently injured in the beating and cannot work.
Corrections Officer Cpl. Dennis Jabczynski was fired after the April 15 incident, and two other corrections officers were given unpaid suspensions after an internal investigation by the sheriff's office.Hyme, through his attorney, Kathryn Collard, filed the notice of claim with the county. Hyme says he suffered facial injuries in the attack and injuries to his hands when the handcuffs he was wearing tightened.
When the department first released information on the incident, Sheriff Rob Davis said it is unclear from the witness statements whether Hyme was handcuffed during the incident. Subsequent information from the department is that Hyme was not handcuffed.
Hyme was arrested for drunken driving early in the morning of April 15 and booked into the jail. While he was being taken to a cell, according to the sheriff's investigation, he became abusive and swore at Jabczynski.
Jabczysnki responded by slapping him several times around the face, according to investigators.
Hyme subsequently pleaded guilty to a misdemeanor charge of drunken driving.
His claim is being negotiated by Collard and Deputy Davis Attorney Gary McKean. If a settlement is not reached, the next step will be a federal lawsuit, according to Collard.
Jabczynski has appealed his firing, and a hearing by the county merit review board is scheduled for Friday. A prior hearing was canceled when the hearing notice mailed to Jabczynski's union representative was apparently not delivered in time.
County Attorney Mel Wilson asked for a criminal investigation of the incident by the Utah Attorney General's office. A decision by the state on whether to file charges will be made by the end of this week, according to Wilson.