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Clark County inmate lawsuit nears settlement

Inmate was paralyzed in 34-foot fall down an elevator shaft; deputies dismissed from lawsuit.

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Clark County inmate lawsuit nears settlement

Inmate was paralyzed in 34-foot fall down an elevator shaft; deputies dismissed from lawsuit.

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By Samantha Sommer, Staff Writer Updated 7:00 AM Friday, May 1, 2009

SPRINGFIELD — A lawsuit against two deputies has been dismissed as part of a possible settlement agreement in a case involving an inmate who fell down an elevator shaft.

Thomas Peck II, 33, was an inmate in the Clark County Jail on May 23, 2008, when he fell more than 34 feet down an elevator shaft.

Peck, who is now paralyzed and resides in a nursing home, sued, claiming deputies Bryan Beller and Travis Russell slammed Peck into a closed elevator door with such force that the door gave way.

The deputies and Sheriff Gene Kelly have denied any wrongdoing.

According to court documents filed in the U.S. District Court, the suit was dismissed against Beller and Russell on April 20.

“When the settlement with Clark County has been fully consummated, another request for dismissal will be made (for Kelly),” a motion to dismiss says.

That would leave Elevator Services Inc. as the remaining defendant in the case. The Kettering-based company inspected and maintained the jail elevator doors and related structures.

Neither the county’s lawyers nor Peck’s returned phone calls on Thursday, April 30.