Chester County sheriff responds to firefighters’ lawsuits

Chester County Sheriff Alex Underwood has denied the allegations of two volunteer firefighters who were arrested after an argument-turned-scuffle with the sheriff and his top deputies in 2014 and are now claiming false arrest and malicious prosecution in a lawsuit against Underwood.

Andy Martin and Tommy Martin filed separate lawsuits against Underwood early last month alleging that Underwood and his top deputies “assaulted and battered” the Martins on the scene of a February 2014 truck crash on an icy S.C. 9.

Underwood’s answers ask that the suits be dismissed because they fail to state facts “sufficient to constitute a cause of action” against him.

The Martin brothers wanted the roadway closed after a truck crashed Feb. 14, 2014, but state troopers and sheriff’s deputies refused, which angered the brothers. They began to argue, and that escalated into a physical altercation that was captured by a state trooper’s dashcam video.

The day after the scuffle, Andy Martin, chief of the West Chester Fire Department, was charged with assault and disorderly conduct. Tommy Martin was charged with assault.

The state Attorney General’s Office declined to prosecute the cases after an investigation by the State Law Enforcement Division, saying there was not enough evidence for convictions. The charges were dismissed.

Underwood’s answer to each suit says that any injury or damages alleged in the complaint were caused by “the sole negligence, recklessness, willfullness, wantonness, carelessness and gross negligence of” the plaintiff.

The lawsuits claim the Martins’ arrests were “done with implied malice” and allege there was no probable cause for arrest. The Attorney General’s Office said in February that probable cause for the arrests “may have existed.”

The lawsuits allege the Martins were damaged physically, emotionally and financially and suffered “pain, suffering and emotional distress.”

Andy Martin and Tommy Martin said they were the victims of false imprisonment because they had to spend a night in jail because no magistrate was on duty to set bond. Both were freed on bond the following morning.

Andy Martin and Tommy Martin are each seeking damages for “pain and suffering and emotional distress” associated with the false imprisonment.

Underwood’s answer said he is entitled to sovereign immunity, citing the immunity section of the S.C. Tort Claims Act.

This story was originally published August 4, 2015 at 4:28 PM with the headline "Chester County sheriff responds to firefighters’ lawsuits."