The Allen County Commission and outgoing Sheriff Bryan Murphy are facing a new civil lawsuit, just as an earlier suit was resolved. 
The earlier lawsuit resulted in a settlement against a former sheriff’s deputy, Joseph Stotler, who tasered an 80-year-old man in 2021. A judge dismissed the suit against the county and Murphy, saying plaintiff John L. Sigg failed to prove the county and sheriff provided inadequate training.
However, the county and sheriff are facing a new, separate lawsuit related to a former deputy who was accused of having sex with a 15-year-old girl, also in 2021.
A scheduling conference is scheduled for Dec. 6 in the lawsuit against Murphy, the county and former deputy Tanner Porter. The suit was filed on behalf of the victim and claims Murphy and the county provided inadequate training and supervision of Porter, who was convicted in August of indecent solicitation of a child while he worked for the department.
THE LAWSUIT concerning John Sigg stems from an April 16, 2021, incident when an Iola Police officer attempted to stop Sigg for driving 38 in a 35 mph zone near downtown, according to court records. Sigg did not stop and continued driving to his dealership, about a mile from the attempted stop.
Though Sigg never exceeded 40 mph, he was suspected of at least seven traffic infractions including failing to use his turn signal and failing to maintain his lane, according to court records.
Because local forces were involved in a joint exercise, a plethora of officers were nearby to respond to the incident, including Stotler.
When Sigg arrived at his dealership and got out of his car, he was approached by more than 20 officers who shouted conflicting commands, as shown on body camera footage. Sigg, who was 80 years old at the time of the stop, raised his hands, appeared to ask questions and seemed confused.
Stotler ran up, pointed his taser and ordered Sigg to get on the ground. Sigg appeared to lower his hands to get on the ground when Stotler tasered him, all within 20 seconds of his arrival. Stotler’s ride-along partner drew his weapon but holstered it before Sigg was tased, and another officer was armed with a taser but lowered it when he realized Sigg was unarmed, according to court records.
The civil lawsuit was filed in April 2023 and accused Stotler of using excessive force, and claimed the sheriff and county should be held liable for failing to train Stotler and/or ratifying his conduct.
U.S. District Court Judge Toby Crouse ruled in August that a jury could find Stotler violated Sigg’s constitutional right by using excessive force. A jury also could have been persuaded by other factors, such as information that Sigg Motors repossessed a mini van from Stotler just 18 days earlier, Crouse said. Crouse also noted that Stotler did not warn Sigg that he was about to be tased, and other officers at the scene did not seem to view Sigg as an immediate threat.
Crouse allowed the suit against Stotler to proceed, though it was settled prior to a September trial date. The amount of the settlement against Stotler was not immediately available.
In regards to Sheriff Murphy and the county, Crouse did not find them liable, pointing to information that Stotler had received 560 hours of training at the law enforcement academy as well as additional training and certification on the use of tasers.
Although Stotler had tased someone two months prior to tasering Sigg, a single incident does not establish a pattern, the judge found. The judge also found insufficient evidence to support Sigg’s claim that Murphy and the county condoned Stotler’s behavior. After the incident, Murphy reportedly told Stotler to “let it go.”
Most recently, Stotler served as LaHarpe police chief and serves as an officer in Erie. He resigned from LaHarpe, effective Wednesday.
