Richland County asks judge to toss Taser lawsuit, deputy accused of false report
Richland County and the Richland County Sheriff’s Department are asking a judge to dismiss a lawsuit alleging a sheriff’s deputy tased a man without justification and fabricated details in an incident report.
Kadeem Robinson, through attorney Justin Bamberg, sued the county and the sheriff’s department April 17 over an April 2024 encounter outside a convenience store in Eastover, where deputies stopped Robinson and several other men as they responded to a nearby “shots fired” call, according to the lawsuit and an incident report.
Robinson’s lawsuit asserts multiple causes of action, including assault, battery, false imprisonment and negligence. It also alleges broader failures in training, supervision and body-camera policies by the county and sheriff’s department.
The county in a response to the lawsuit has denied allegations made by Robinson and argued the Sheriff’s deputies were acting in “good faith” and “within the scope of their official duties” when they detained Robinson. The response also states that before Robinson was Tased, he “failed to comply” with commands given by Deputy Kevin Horseman, who then fired his Taser at Robinson.
The county and Sheriff’s Department are asking a judge to throw out Robinson’s lawsuit, arguing he has not stated a valid legal claim against the government entities.
The county also argues that if Robinson suffered any injuries, they were caused by Robinson himself, through “sole negligence, recklessness, willfulness, wantonness, carelessness, and gross negligence.”
Robinson was among a group of eight men standing outside the Express Food Mart convenience store shortly after noon on April 20, 2024, when Horseman approached the men and told them they were being detained, according to the lawsuit.
Robinson’s lawsuit and the county’s response are at odds over why Horseman approached the men.
The county’s response to Robinson’s lawsuit states that after deputies received the shots fired call, “approximately eight males were walking from the scene … heading to the nearby Express Food Mart.”
Robinson’s lawsuit contends that the group of men were not seen walking from the location of the call, and that Robinson was detained despite “the absence of any articulable basis” to suspect he was involved in the shots-fired call.
According to the lawsuit, an incident report and bystander video previously shared with The State by Bamberg, Robinson repeatedly tried to walk away from Horseman while telling the deputy that he had done nothing wrong.
Horseman, holding a Taser, can be heard in the bystander video giving conflicting commands, including “get on the ground” and “walk back to my car,” moments before deploying the Taser.
Robinson was hit in the back and fell onto concrete, injuring his face, the suit alleges. He was seen by EMS, then arrested for third-degree assault and battery.
Bamberg has said that charge was later dismissed and that the assault charge was based on a false account of what happened.
Robinson’s lawsuit alleges Horseman fabricated a claim that Robinson struck him during the encounter. In the incident report, Horseman alleged Robinson struck him in the right shoulder with his right fist.
The lawsuit states that Robinson could not have struck Horseman, as his right hand was occupied with a beverage during the encounter. Bystander videos show Robinson holding what appears to be a soda bottle with his right hand for the length of the encounter captured on video. The bystander video also does not appear to show Robinson hitting Horseman.
The complaint further alleges Horseman’s body-worn camera “fell off and was not recording” when the Taser was deployed. The sheriff’s department previously directed The State to submit a Freedom of Information Act request for the incident report and available body camera footage.
The county is asking the judge to permanently dismiss the case, while Robinson is seeking a jury trial and damages.
The attorney for the county and Sheriff’s Department, Robert Garfield, did not respond to multiple attempts by The State to reach him.
Reporter Javon Harris contributed to this report.
