Alleged brutality victim sues former deputy Smith, county

Having already been found guilty of two felonies in a police brutality case, former Putnam County Deputy Terry Joe "T.J." Smith is being sued by another alleged victim.

According to documents filed in Putnam Circuit Court Thursday, Amber Stwalley is suing both Smith, 38, Greencastle, and the Putnam County Sheriff's Department for "all relief available under the law, including compensatory damages and costs, and all other appropriate relief, including punitive damages, costs and attorney fees."

Summons were issued by the court for Smith and the Sheriff's Department. Upon receiving the summons, the defendants have 20 days to respond in writing or judgment will be entered against them for what the plaintiff has demanded.

Stwalley, 25, Quincy, was arrested by Smith on Dec. 28, 2013. The case was one of four in which Smith was charged in federal court of deprivation of civil rights under color of law.

Although Smith was found not guilty in the Stwalley case, she has the right to pursue a civil case against Smith and Putnam County.

Court documents filed by Indianapolis attorney Andrew Wirick allege that Smith threw Stwalley to the floor inside the Cloverdale Truck Stop and applied pressure to the point that she had trouble breathing.

Smith then allegedly took Stwalley outside the truck stop and placed her face down in lava rocks in below freezing temperatures without proper clothing. Smith is accused of holding Stwalley down on the rocks with his body for an extended period of time, resulting in bodily injury to Stwalley.

The complaint for damages continues, "As a result of the defendants' use of excessive force, Amber has suffered lost wages, incurred medical bills, suffered severe pain and suffering, loss of opportunity and enjoyment of life, and other severe and permanent injuries, the exact measure of which is not currently known."

Testimony in Smith's criminal trial revealed that Stwalley arrived at the truck stop at 3 a.m. and began verbally abusing a patron. Stwalley, then a waitress at the truck stop, had arrived over an hour early for her shift, reportedly intoxicated from alcohol, to confront a woman she knew to be at the diner.

A cook working at the truck stop took Stwalley into the kitchen to calm her away from patrons. Among the patrons was a table full of police officers that included Smith.

In the course of the cook and other officers trying to calm Stwalley, Smith was apparently of no help.

Testifying that Smith was "aggressively leaning in, intimidating her (Stwalley)" just inches from her face, the cook said Smith called her a "scumbag" and worse. According to the cook, she "reacted in anger" to Smith's comments at which point the deputy forcibly restrained her to the ground and assumed a "mounting" position.

The cook further said that Stwalley had not been physical in any way toward Smith prior to him pinning her to the ground.

Additionally, former Deputy Philip Troyer testified regarding the Stwalley incident that Smith restrained her to the ground, then straddled her and put his hands around her throat for less than one minute before placing her outside, face down on the rocks.

Troyer also testified that he believed that Smith's use of force in the case was excessive.

In spite of such testimony, the Stwalley case was one of two in which the federal jury found Smith not guilty.

For his two felony convictions, Smith was sentenced to 14 months in federal prison. According to the Federal Bureau of Prisons inmate locater, Smith is not yet in custody following his Dec. 4 sentencing.