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A 1998 attack on an inmate in the Kosciusko County Jail that resulted in the man's nose being bitten off has led to a lawsuit against the sheriff and his employees.
North Webster resident Kennel Williams and his wife, Susan Williams, recently filed the case in Kosciusko Superior Court I against Aaron Rovenstine, in his official capacity as Kosciusko County sheriff, and John Doe(s), unknown agents, servants or employees of the sheriff.
Kennel Williams was an inmate at the KCJ on Dec. 25, 1998, when a disagreement during a card game resulted in another inmate, Christopher Scot Overmyer, biting off Williams' nose.
As a result of the attack, court documents state, Williams "sustained severe and permanent personal injuries and physical disfigurement including, but not limited to, a loss of his nose and removal of cartilage from his ear, removal of skin from his forehead, a constructed nose and other invasive physical procedures through numerous reconstructive surgeries, all of which resulted in extreme and continuing pain and suffering."
The efforts to reattach Williams' nose were unsuccessful, the lawsuit noted, and Williams' nose "died."
Williams' lawsuit claims that the sheriff and his employees were negligent by failing to provide adequate and timely medical treatment. Also, a tort claim notice written June 18, 1999, and included in the case alleges that the sheriff's department "had knowledge of Chris Overmyer's past acts of violence toward other prisoners and his known vicious propensities; yet did nothing to prevent his attack of Kennel Williams. ..."
Williams also claims he was deprived of his Eighth and 14th Amendment rights.
The Eighth Amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The 14th Amendment guarantees due process to U.S. citizens.
Overmyer, 27, of Etna Green, was criminally prosecuted in connection with the attack and was sentenced last January to 10 years in prison and ordered to make restitution of $11,332 to Williams and $39,679.68 to the Kosciusko County Sheriff's Department. The restitution amounts were ordered merged with any civil action that might be filed.
Williams and his wife are seeking an unspecified amount in each of six counts to compensate for Kennel Williams' injuries and Susan Williams' losses. They also seek attorney fees and court costs in the case and request a trial by jury.
The attorneys for the Williamses are Karen L. Hughes and C. Richard Oren of Rochester.
