LOUISVILLE, Ky. (WDRB) -- A federal lawsuit claiming a pregnant woman was pulled over in her own driveway for having a broken taillight, "face-planted" and improperly arrested by a McCracken County sheriff's deputy last year has been settled for $100,000.
Deputy Jon Hayden was accused of throwing Elayshia Boey down and planting his knee in her back after a short argument between the two. He threatened to tase her and took her to jail instead of a hospital, even though she was bleeding from her head and complaining of pain, according to body camera video.
Only after a jail nurse refused to admit Boey — because of her injuries and being six months pregnant — did the deputy take her to an emergency room, according to the suit filed in April.Â
The lawsuit was dismissed in November after a settlement agreement was reached, according to court records.
Boey received $50,000 and her mother, who was also arrested, was paid an addition $50,000 by McCracken County, according to the settlement agreement.
An attorney for Boey said he could not comment on the settlement.
The settlement agreement prohibits both sides from discussing the case.
Elayshia Boey's scar following incident with McCracken County Sheriff's Deputy Jon Hayden.
McCracken County Sheriff Ryan Norman did not immediately return a phone message seeking comment.
Norman previously said the internal investigation into the incident was completed "within a few days."
"The response to resistance that Deputy Hayden was forced to use was investigated and there was no policies or procedures that were found to be violated," Norman said in an interview in September.
The charges against Boey and her mother, including felony assault of a police officer, were dismissed in October, according to court records.Â
Both Boey and her mother, Vanessa Jenkins, became "verbally aggressive" as soon as the deputy approached them, complaining they were being pulled over at their home for a minor traffic offense, according to arrest citations.
The citation claims that after Boey refused to identify herself, the deputy attempted to arrest her by grabbing her wrist to "gain control."(Boey did identify herself, the body cam video shows.)
Hayden accused Boey of resisting and then said Jenkins grabbed him to keep him from arresting Boey.
According to Hayden's body cam video obtained by WDRB News, Boey had pulled into her driveway and was at the back of the vehicle putting tape on the taillight when Hayden pulled in behind her on Feb. 1.
Both Boey and Jenkins claimed Hayden was confrontational as soon as he approached them. After briefly arguing about whether the tape would fix the taillight, things quickly escalated.
When Boey loudly told the officer her name, he tried to spin her around to arrest her. Jenkins pleaded with the deputy to stop, telling him Boey was pregnant.
"You're fixing to get tased," the deputy told Boey as she struggled.
"I'm not doing nothing," she yelled.
"You don't have to do her like that," Jenkins screamed as the body camera goes black, apparently having been dropped to the ground.
"Get off of me," Hayden then says.
"We are not fighting you," Jenkins yells. "She is pregnant. You don't have to do this."
At this point, there is only audio as both women scream and sob.
The lawsuit claimed Hayden ignored the screams and pleas of both women and "with no other option, Jenkins tried to pull Hayden off her daughter and unborn grandchild. Hayden turned his attention away from Boey long enough to slam Jenkins to the pavement and cuff her."
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