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Sophia and a town police officer have asked a judge to dismiss a lawsuit alleging the officer beat a handcuffed man during an arrest.
Attorneys for Sophia argue in a recent motion that the town can’t be held liable for the officer’s alleged actions merely because he’s an employee.
The motion says the lawsuit doesn’t allege that the execution of any town policy or custom resulted in injury.
The motion also says the town and Patrolman Zach Issa are immune from a punitive damages claim.
Travis Lane Honaker filed the federal lawsuit in March. The lawsuit alleges that Issa hit, kicked and stomped Honaker while he was handcuffed following an arrest on Sept. 21, 2013.
The Register-Herald first reported the town’s motion.