Former HSCO jailer files suit against sheriff
MALVERN – A former Hot Spring County Sheriff’s Office employee who was terminated from his job last year has filed suit against Sheriff Scott Finkbeiner, “Individually and in his official capacity as Hot Spring County Sheriff,” according to documents filed Monday in
Hot Spring County Circuit Court.
Attorneys for the plaintiff, Robert Campbell, filed a lawsuit “to redress deprivations of the Plaintiff’s State and Constitutional Rights, as allowed by the Arkansas Civil Rights Act of 1993, and for defamation.”
Campbell previously asked for and received a “name clearing” hearing, which took place at the HSC Courthouse on Jan. 26. In attendance at Friday’s hearing were several county officials and Campbell’s legal team, along with the HSCSO’S acting sheriff, Shane Davis, and George Hopkins in his role as the county’s legal representative.
Finkbeiner was not at the hearing because the court order in his federal case stipulates that he take no action in the role of sheriff, except issues regarding payroll.
Hopkins said the hearing was not held before a judge and explained that they’re not common proceedings but do occur in Arkansas.
“A ‘name clearing” hearing was provided to Mr. Campbell on Friday,” Hopkins stated in an email. “If a person feels that false information has been provided that may impact future employment or otherwise affect their position in society, they can ask for a hearing.”
During the hearing, Campbell stated his grievances and his version of events related to an incident that took place on Jan. 25, 2023, which ultimately resulted in the termination of his employment at the sheriff’s office.
“Essentially, Mr. Campbell was given an opportunity to provide his version of the incident in question regarding the transport of a prisoner,” Hopkins explained.
Campbell was fired in January 2023 after he and another deputy, Lt. Darrell Pierce, were accused of violating policy for punching and pepper-spraying a man they were assigned to transport.
Campbell and Pierce were both jailers with the HSCSO when, on Jan. 25, 2023, they were transporting a released inmate from the local detention center to another location in Saline County. When the deputies attempted to release the inmate from the transport van, the man did not want to exit the vehicle, and a scuffle broke out amongst the trio before deputies left the scene.
The inmate alleges the deputies acted without provocation, while the deputies say the inmate became extremely combative toward them when they tried to get him to exit the vehicle.
The department did not have body cams at the time of the incident.
Saline County authorities investigated and subsequently arrested the deputies, charging Campbell with third degree battery and Pierce with second degree assault, but all charges were later dropped.
Finkbeiner released a statement from the HSCSO the day of the incident saying both Campbell and Pierce had been put on leave, pending an investigation. Pierce resigned from his position shortly after the incident, and Campbell’s employment was terminated.
“HSCSO does not condone or tolerate any potential violation of policy or law,” Finkbeiner stated at the time of the incident.
The lawsuit filed on Monday sheds light on Campbell’s perspective of the incident and what he said were his orders that day.
According to the document, “The Sheriff ordered [Campbell] to transport an inmate outside of Hot Spring County, because the Sheriff did not want to provide appropriate medical services to the inmate.”
Campbell says in the suit that he hesitated but “followed the orders of his chain of command, as he was instructed to do so” and when the inmate became aggressive, the deputy “used reasonable force to defend himself and others.”
The core of Campbell’s argument is that Finkbeiner used him as a scapegoat and terminated him for committing a crime while making defamatory statements in the press, but no crime was committed.
Campbell also alleges that he was just following orders when he and Pierce left the scene of the incident.