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Lawsuit: Constable Exceeded Authority in Arrest

07.05.16 09:13 PM – Andy McDonald
RICHMOND – A South Carolina man is suing a Madison County constable and Richmond Centre mall, claiming he was arrested on false pretenses, and in the process, suffered permanent injuries.

According to Madison County Circuit Court records, Robert E. Keane, a resident of South Carolina, filed suit against 2nd District Constable Steve Kelly and Richmond Centre LLC.

The lawsuit stems from a May 21, 2015 incident. The complaint asserts that Kelly, acting in his capacity as a peace officer, sprayed Keane in the eyes with pepper spray and threatened to shoot him. Keane was charged with wanton endangerment, but the charges were later dismissed.

Kelly was allegedly acting as an agent or employee of Richmond Centre LLC, according to court documents. The complaint asserts that Keane sustained permanent damages as a result of the incident, including mental anguish, mental distress, disfigurement, permanent impairment, medical expenses, past and future pain and suffering, and lost wages.

The plaintiff’s complaint argues that Kelly did not have probable cause to detain Keane because he did not observe him committing a felony, and therefore did not have cause to file the wanton endangerment charge. Because Kelly was acting in the capacity of a peace officer, counsel for the plaintiff asserts, he thus deprived Keane of his constitutional and civil rights, according to the suit.

In response, counsel for the defendant contests the assertions set forth in the civil complaint. The plaintiff is represented by attorney Jimmy Dale Williams.
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