UPDATE: Fairhope police chief responds to lawsuit alleging brutality of elderly man by officer

FAIRHOPE, Ala. - Fairhope Police Chief Bill Press responded late Friday afternoon to media accounts of a lawsuit filed this month by a local married couple against a city police officer for assault and battery and other claims.

A spokesman for the department had earlier referred all requests for comment to City Attorney Marion “Tut” Wynne, stating the department could not respond while litigation was pending.

Mayor Tim Kant has not responded to a request for comment regarding the lawsuit.

In his May 20 written statement, Press stated that “all of the allegations against Officer (Trent) Scott regarding abuse or not seeking medical attention were unfounded.”

Press stated that an internal investigation had been conducted in Scott’s case.

That case involved allegations by Dorsey Henderson, a Fairhope man in his 80s, detailed in the county circuit court lawsuit filed May 3 this year.

The complaint alleges Henderson had been beaten by Scott on May 5, 2009, following an automobile accident that Henderson reported, and that Scott had interfered with his obtaining medical attention needed as a result of the alleged battery.

Press stated that an in-car camera in Scott’s vehicle had recorded the incident, which was reviewed by an investigator and supervisors at the department, including by Press.

“Let me be clear,” Press stated in his written comments distributed by email on May 20. “First, Mr. Henderson was physically interfering Officer Scott’s attempt to address any injuries to two separate parties involved in the vehicle crash that he (Officer Scott) was trying to investigate. Second, there was absolutely no abuse or beating of Mr. Henderson, and third, it was Officer Scott who called for medical attention for Mr. Henderson.”

Keith Landers, the plaintiffs’ attorney, said May 19 that a federal lawsuit had also been filed regarding the alleged incident. The state lawsuit was filed a few days prior to the deadline for the two-year statute of limitations for such a case.

Landers said he has been seeking a settlement in the case.

“My final thoughts: First, an 84-year-old person can be just as deadline as a 15-year-old, male or female,” Press stated. “They do not discriminate nor do we when it comes to public safety. However, this is not to say that we should not attempt to handle the elderly or the physically impaired person more carefully, which was done in this case. Second, most people, I hope, can see through issues such as this without comment by a department head, city administrator, or council member. Most people, I believe, have faith in these people because of what they have done for the record. To think that someone believes that the city Administrator or city council member would allow a department employee to misuse or abuse anyone is inconsistent with these overseers, and they certainly do not know me.”