Somerset — A Johnson County woman arrested in Pulaski County last year filed a lawsuit in federal court earlier this month, claiming that her arrest was made with excessive force and that deputies and jail employees should have known she was mildly retarded and not fit to be incarcerated.

According to court documents, Brandy DeLong, 27, of Van Lear, Ky., and her guardian, Betty DeLong filed the lawsuit in U.S. District Court in London on June 4 against the Pulaski County government, Pulaski County Jailer Mike Harris, the Pulaski County Detention Center, Pulaski County Sheriff’s Deputy Troy McLin and an unknown defendant to be named at a later date.

The lawsuit stems from an incident that happened June 6, 2007 in which Brandy DeLong – who lived in Science Hill at the time – was placed under arrest and charged with third-degree assault by McLin when he served her with a warrant of arrest based on a citation reported several days earlier.

The citation states that on June 2, 2007 Brandy DeLong “stabbed the affiant with a BIC ball-point ink pen underneath the arm.”

The citation, written by deputy Jon Williams, also said the pen didn’t break the skin but left a mark, and the citation also stated that “the above (DeLong) is mildly mentally handicapped.”

That citation was served to Brandy DeLong by McLin, who the DeLongs claim unlawfully restrained Brandy DeLong without probably cause.

“By placing Brandy DeLong under said restraint unlawfully, unconstitutionally, and without probable cause, (McLin’s) actions proximately and directly caused (Brandy DeLong) to suffer a deprivation of civil rights provided by the Fourth, Fifth, Sixth, Eighth and Fourteenth amendments of the U.S. Constitution,” the lawsuit stated.

The document also states that McLin “knew, or should have known, that (DeLong) was mentally retarded” before placing her under arrest.

Court records also show Brandy DeLong was arrested by Pulaski County Sheriff’s Deputy Steve Molen later in June and charged with resisting arrest, second-degree wanton endangerment (police officer), second-degree wanton endangerment and second-degree criminal mischief.

That citation stated that DeLong threw a brick at a person, which broke the rear passenger of a truck, and that she threw another rock at the other side of the truck.

DeLong also reportedly threw garden tools at Molen, and she was transported to the hospital “for injuries that she induced on her own arms” and was later taken to Eastern State Hospital, according to the citation.

That second citation was not mentioned in the lawsuit.

The lawsuit also claims that Harris, acting in capacity as Pulaski County jailer, and the Pulaski County government acting in capacity as controller of the jail, failed to properly “train employees to deal with disabled persons and/or their families.”

The suit further states that Harris failed to implement policies that would require a certain set of standards for handling situations in which mentally retarded people and their families are involved.

The suit claims Brandy DeLong was in jail for around six days, and that “as a direct and proximate result of said defendants’ negligence, (Betty and Brandy DeLong) have sustained severe and permanent injuries and have incurred medical expenses and shall continue to incur medical expenses in the future with reasonable medical certainty.”

The documents also state that Brandy DeLong was refused access to Betty DeLong, her legal guardian and mother, during her incarceration, which caused Betty DeLong “to suffer a deprivation of civil rights provided by fundamental liberty in the interest of having companionship and society of the plaintiffs’ parent/child relationship.”

The “interference with the plaintiffs’ familial relationship” was a direct violation of the DeLongs’ First Amendment rights, according to the suit.

The suit names the unknown defendant, an employee that was at the jail at that time, “unlawfully detained and/or falsely imprisoned (Brandy DeLong),” and the suit goes on to claim the detainment was “intentional, reckless and careless.”

As a result of that detainment, Betty DeLong and Brandy DeLong “suffered extreme embarrassment and severe emotional distress,” according to the suit.

Betty DeLong and Brandy DeLong are seeking a judgment against all named defendants, a monetary award yet to be determined, punitive damages, that all defendants be held jointly liable, attorneys’ fees and any other relief they may be entitled to.

Court records show Pulaski District Judge Katie Wood released Brandy DeLong from custody to Betty DeLong later in June when is was discovered that she was her guardian.

Assistant County Attorney Dan Thompson said the suit has been turned over to the county’s insurance company, who will file a response, which is commonplace anytime a lawsuit is filed seeking monetary damages.

Thompson said this is the first time he can remember the county ever being sued for incarcerating someone with guardianship.

“I believe the allegations of the lawsuit do not show that any of the officials in Pulaski County named in the suit acted improperly,” Thompson added.

The DeLongs also filed a similar lawsuit against several Johnson County and City of Paintsville governmental entities and a food store located in Paintsville in April where she was reportedly found to be shoplifting, claiming that a police officer with the Paintsville police Department engaged Brandy DeLong in a “physical confrontation” and used excessive force while placing her under arrest.

The suit also claims Betty DeLong told officers that Brandy DeLong was mentally retarded, but that she was incarcerated for approximately six hours after that.

The suit goes on to claim brandy DeLong has suffered mental and physical distress since the experience.

All defendants in that suit have been dismissed except for Food City, the grocery store where the incident took place.