Full Notification

On Monday, July 21, attorneys representing McDowell County filed a written answer to a lawsuit filed against McDowell County, the McDowell County Sheriff’s Office and Sheriff Dudley Greene on May 15. The answer denies all allegations of misconduct made against them.
“Defendants allege that at all times relevant to this action, they were acting without malice and with a good faith belief that their duties were carried out in accordance with the Laws and the Constitutions of the United States and the State of North Carolina,” the answer reads.
Robert Dempsey, of Columbus, N.C., and two others were charged on Dec. 11, 2008, in connection with a fire that destroyed a motor home that Dempsey owned. One person pled guilty to the offenses, and the charges against Dempsey and the other defendant were eventually dismissed by the district attorney on March 4, 2013.
The lawsuit claims that the sheriff and his detectives, as well as county government officials, failed to conduct a proper investigation into the fire, transported Dempsey to the hospital against his will, didn’t examine the possibility of a defect in the motor home’s equipment and interfered with the negotiations between Dempsey and the insurance carrier for the motor home.
Dempsey is seeking damages in excess of $10,000, a trial by jury and that the defendants are made to pay the cost of this action and attorney’s fees.
Patrick Flanagan, an attorney for the county and the sheriff, filed the response, denying each and every claim of wrongdoing alleged in Dempsey’s lawsuit.
McDowell County, the Sheriff’s Office and Sheriff Greene asked that the action be dismissed and Dempsey recover nothing.