$375K settlement reached in Ohio jail pepper spray incident

DAYTON, OH (WDTN) –  A settlement has been reached in the civil case of a woman who sued Montgomery County over a pepper spraying incident that was caught on camera.

Court documents show attorneys for both sides participated in a phone call with the court Thursday where the court was advised a settlement had been reached between Montgomery County and Amber Swink.

Montgomery County Prosecutor Mat Heck said Thursday afternoon the settlement has not yet been accepted but the amount is $375,000.

Swink sued the Montgomery County Board of Commissioners, Montgomery County Sheriff Phil Plummer and several others claiming excessive use of force after pepper spray was used on her in the Montgomery County Jail in 2015.

Swink was sprayed while she was in a restraint chair, according to attorneys.

The incident was captured on video which was released by Swink’s attorneys.

The complaint was filed with the U.S. District Court of Ohio in September 2016.

It all began in Nov. 2015 in the 4600 block of Sulphur Springs Road in Brookville when police responded to a house for a domestic disturbance. Amber Swick, was taken into custody from the home, as she was intoxicated and arguing with her boyfriend.

While being apprehended by police, the arresting’s officers glasses broke. Swick’s attorneys say the glasses tell off the officer’s face, whereas documents from the Montgomery County Court of Common Pleas say she intentionally broke the glasses.

One of the deputies involved in the incident, Captain Judy Sealy, was placed on administrative leave and the case was taken before a Montgomery County grand jury. No indictments resulted in the case.

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