Dayton Daily News

OFFICER IN PEPPER-SPRAY INCIDENT SEEKS DISABILITY

Montgomery County officer in pepper-spray case seeks medical disability; process can take months.

- By Mark Gokavi Staff Writer

The Montgomery County Sheriff ’s Office captain being criminally investigat­ed for pepper-spraying a restrained inmate has filed for a medical disability retirement.

Capt. Judith Sealey filed a disability benefit applicatio­n with the Ohio Public Employees Retirement System (OPERS), according to documents obtained by this news organizati­on. Applicants are not required to identify a particular disability.

A July 11 letter from OPERS to Montgomery County indicated that the form would not be accepted without the employee’s department head and fiscal officer properly completing their sections.

Montgomery County Sheriff Phil Plummer signed his section of the form Aug. 9. The applicatio­n and decision process by OPERS typically take months.

Sealey is still working, according to the sheriff ’s office. She returned to work in May from administra­tive leave after a Montgomery County grand jury declined felony charges.

“She works very hard at her job. She’s been an outstandin­g employee for many years,” said her attorney, Anthony VanNoy. “This situation has caused questions about recent employment of how she handled the situation, but I think she was doing the very best she could and what she had in her training.”

Results of a federal investigat­ion into Montgomery County Jail operations, including the incident involving Sealey, have not been announced. The Cincinnati prosecutor’s office is considerin­g misdemeano­r charges against Sealey, but that process will take “several weeks,” according to Cincinnati spokesman Rocky Merz.

A federal civil rights lawsuit brought by the inmate, Amber Swink, was settled for $375,000 by the county.

“I am not aware of any injury or new condition she would have suffered since the time she pepper sprayed Amber Swink on Nov. 15, 2015 that would have given rise to any claimed disability,” Swink’s attorney, Douglas Brannon, said in a statement.

Sealey checked “No” on a question that asked if the disabling condition was the result of an on-duty illness or injury.

Plummer has said previously that Sealey could face discipline

for the pepper spraying after an internal investigat­ion is complete. Discipline would take place after an internal investigat­ion, which is after the criminal process.

The sheriff’s office did not return messages seeking comment.

This news organizati­on has previously reported that not much is different in the way Ohio’s five public pension systems award lucrative disability pensions since legislator­s and local officials called for changes.

A 2011 Dayton Daily News investigat­ion found multiple examples of local public employees who received disability pensions despite workplace wrongdoing that cost them their jobs or led to criminal conviction­s.

“She felt like she didn’t break the law,” Van-Noy said of Sealey, who her attorney said was older than 60. “She’s not like some person who is trying to get over on the system. She’s worked there a long time.”

Contact this reporter at 937225-6951 or email Mark. Gokavi@coxinc.com.

 ??  ?? Capt. Judith Sealey filed for a medical disability retirement.
Capt. Judith Sealey filed for a medical disability retirement.
 ?? CONTRIBUTE­D ?? Video surfaced several months after the Nov. 15, 2015, pepper-spraying of inmate Amber Swink by then-Sgt. Judith Sealey of the Montgomery County Sheriff’s Office. Sealey’s case is still being considered for misdemeano­r charges by the Cincinnati...
CONTRIBUTE­D Video surfaced several months after the Nov. 15, 2015, pepper-spraying of inmate Amber Swink by then-Sgt. Judith Sealey of the Montgomery County Sheriff’s Office. Sealey’s case is still being considered for misdemeano­r charges by the Cincinnati...

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