Dougherty County Sheriff named in inmate lawsuit

ALBANY — Albany attorney Jim Finkelstein filed a civil lawsuit Friday on behalf of Dougherty County Jail inmate Victor Pinkins of Albany based on an incident that Finkelstein said took place at Phoebe Putney Memorial Hospital.

The suit, which names Dougherty Sheriff Kevin Sproul and Deputy Stephen Kyles as defendants, according to Finkelstein, is based on action Finkelstein said Kyles took while at Phoebe with Pinkins. The attorney said that when Pinkins told a Phoebe nurse who wanted to conduct a “blood draw” that he would not allow her to stick him with a needle, Kyles told the inmate, “If you don’t let her draw that blood, I’m going to tase you.”

When Pinkins still refused, Finkelstein said, Kyles carried out his threat. Then, the lawyer added, “When (Pinkins had) recovered and the nurse attempted to draw blood again and (Pinkins) again refused to allow himself to be stuck with a needle, (Kyles) tased him again.”

Finkelstein said he filed the case Friday afternoon, after giving Sproul’s office earlier notice of his intent with an ante litem filing. The case had not been posted on the county website that gives particulars of court proceedings on Friday when checked by The Herald.

An officer who responded to a call to Sproul’s office Friday evening indicated that both Sproul and Jail Supervisor Col. John Ostrander were not on duty at that time.

Finkelstein said he is seeking “damages” on Pinkins’ behalf, although he noted, “You don’t generally ask for specific damages in a case like this. It’s usually up to a jury.” He also said his account of the incident is included in Kyles’ report on the incident.

Finkelstein said his client’s arrest stemmed from a “child support case.”