County faces trial in police brutality lawsuit


Don Lehman

QUEENSBURY -- A state Supreme Court justice has ruled against Warren County in a woman’s lawsuit that accuses county sheriff’s officers of brutality and false arrest, setting the stage for a trial later this year.
Supreme Court Justice David Krogmann denied a request by the county to dismiss the lawsuit filed by Martha Philion in connection with her arrest on a disorderly conduct charge in October 2009.
Philion, 73, has alleged her right shoulder was “seriously and permanently” injured when sheriff’s officers took her into custody after she cursed them in front of her home.
Sheriff’s officers had gone to Philion’s home on Coolidge Avenue after receiving a call from someone who was concerned about the welfare of her adult son, Thomas “Neil” Beatty.
Officers Scott Rawson and Kurtis Glenn went to the home, but Beatty would not come out.
Beatty was facing felony child sexual abuse and child pornography charges at the time, and had been told by his lawyer not to have contact with police unless they had a warrant, Philion told police.
He came to the door, but when the officers insisted they be allowed to speak to him, Philion became irate and cursed at them, according to court records.
That resulted in her being charged with disorderly conduct, a noncriminal violation. She could have been charged with the weightier misdemeanor of obstructing governmental administration, but police filed the lesser charge instead, county officials claimed in court papers.
The disorderly conduct charge was dismissed 12 days later, and Philion filed a lawsuit seeking unspecified monetary damages in 2011.
The lawsuit alleges Philion was injured when she was “taken down” on her porch. Warren County Sheriff Bud York said he had no comment on the matter because of the pending litigation.
The lawyer appointed by the county’s insurance carrier, Gregg Johnson, had asked Krogmann to throw out the lawsuit. But the judge concluded that Philion had not committed disorderly conduct because there were no members of the public present to witness her alleged actions.
Krogmann also concluded she was “arrested without probable cause,” so the use of force to arrest her was not justified. The ruling sets up a trial in the coming months, barring an appeal or settlement.
Philion’s lawyer, Daniel Stewart, said he had no comment on the case Tuesday.
The case was the subject of an executive session at a recent county Board of Supervisors meeting, with no action taken afterward. County Attorney Martin Auffredou said the lawsuit was still pending as of Tuesday.
“There have been some settlement discussions,” Auffredou said.
Beatty pleaded guilty to a felony count of possession of a sexual performance by a child and was sentenced in 2010 to 1 to 3 years in state prison. He was paroled in February 2012.