New Carlisle News Photographer Andy Grimm recovering in the hospital after he was shot by Clark County Deputy Sheriff Jake Shaw. Caleb Perry | PHOTO

Andy Grimm, the photographer who was shot by a Clark County Deputy Sheriff, has filed a Federal Lawsuit today.

Named as defendants are Deputy Jacob Shaw, Board of Clark County Commissioners and the City of New Carlisle.

The suit alleges excessive force, assault and battery, infliction of emotional distress and loss of wages.

The suit also claims that the defendants failed to train and supervise Shaw.

Also named as plaintiffs are Andy’s wife, Melanie, and his business, KBA News LLC.

Damages were specified in excess of $75,000

Grimm was shot by Deputy Jacob Shaw on Labor Day evening as he was setting up his camera equipment to take pictures. One bullet grazed his shoulder, the second went through his abdomen.

He was rushed to Miami Valley Hospital where he underwent surgery and was released the next day.

“We all have the right to be free from unreasonable searches and seizures, and excessive force under the protection of the Fourth and/or Fourteenth Amendments to the United States Constitution” said Andy Grimm.

“This is a result of the excessive use of force and violation of my constitutional and common law rights by Clark County Deputy Sheriff Jacob Shaw.”

Included are Clark County and the City of New Carlisle for their failure to properly hire, train and supervise law enforcement and for promulgating customs, policies, and practices, which proximately caused the violation of my federal constitutional rights.

The suit claims that “Shaw intended to kill or cause serious bodily injury to Andy,” and that Shaw intended to shoot him.

The Sheriff’s office reported that Shaw returned to work on October 21, yet he was seen in uniform at a Northwestern football game on October 20. He was armed at the game.

Shaw has been assigned duties at the Clark County Jail, but all active duty deputies are eligible for special duty, such as providing security at football games.

The shooting was investigated by the Ohio Bureau of Criminal Investigations, an arm of the Ohio Attorney General’s office. Their investigation has been completed and has been turned over to prosecutors.

Clark County Prosecutor Andy Wilson has requested that a special prosecutor be assigned.

Shaw was returned to active duty before BCI completed their investigation.

 The complaint may be read here.

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