LOUISVILLE, Ky., (WDRB) -- Kentucky State Police paid $40,000 to settle a lawsuit filed in 2018 by a man who claimed he was harassed and assaulted by troopers after he wrote a Facebook post sharing his anger at what he felt was an illegal stop.
"My client feels vindicated, and the wrongdoing of the KSP has been properly addressed," said attorney James O'Toole, with Smith & O'Toole & Brooke out of Lexington, who represented both David Gabbard and Diana Muncy, who live together.
At least two of the troopers involved, Scott Townsley and Brandon Scalf, were disciplined for their actions, according to court records.
Townsley was punished for taking off his service belt during a confrontation with Gabbard, while Scalf was disciplined for taking Muncy's phone while she was trying to record the incident. The records available online do not specify the details of the disciplinary action.
A spokesman for KSP and an attorney for the troopers did not return messages seeking comment.
There is no mention in online court records as to whether the third trooper, Joshua Roaden, was disciplined.
The settlement, which was finalized last month and included a confidentiality agreement, was obtained by WDRB News under the Kentucky Open Records law.
"Due to the cost of defense and the current climate, there was a risk of trial verdict being substantial," a KSP attorney wrote in a letter included in the settlement agreement.
Shortly after he was pulled over by Townsley on Sept. 16, 2017, near his home in eastern Kentucky, Gabbard said he wrote a Facebook post about being stopped.
"Just love being pulled over for no reason lmao. #maybenexttime. #policeharasment (sic)," the post read.
Townsley searched Gabbard's vehicle, but nothing was found, and he was released.
The next day, Gabbard claimed in the federal lawsuit, Townsley, Roaden and Scalf showed up at his Jackson County home he shared with Muncy, approaching from the front and the perimeter.
O'Toole said the two other troopers passed by a window at the back of the house and saw Muncy inside, who was in a state of undress. When Muncy screamed, the troopers told everyone in the house to come outside.
When Gabbard went out to see why they were there, Muncy began recording on her phone.
"Officer Townsley started mentioning the Facebook post immediately," O'Toole said in a previous interview.
"I did not harass you yesterday," Townsley can be heard saying on the recording, according to the lawsuit, filed in U.S. District Court in London, Kentucky. "I don't care if everybody knew what you meant. I knew what you meant … that's the only thing. I knew what you meant."
The lawsuit claims another trooper then took Muncy's phone and turned it off and "things escalated quickly," with Townsley slapping and pushing Gabbard, kicking his dog and trying to incite a fight.
Gabbard said he did not want to fight with police.
"Trooper Townsley then took off his badge," O'Toole has said, "took off his gun, and said, 'Fight me as a man, as a regular citizen.' And Gabbard still refused to do that."
Muncy called 911 but the dispatcher would not send help because "the police were already present," according to the suit. A transcript of the 911 call is included in the lawsuit.
The 911 transcript says "the supervisor of state police is taking care of this complaint.'
At that point, according to the suit, a trooper noticed video cameras at the front of the home and showed Townsley. The troopers then returned Muncy's phone and left. O'Toole said the cameras on the house were not working at the time.
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