Kentucky Mom Claims EMT Unnecessarily Cut Daughter’s Clothing Away

Posted by: Curt Varone June 9, 2014 12 Comments

A Kentucky ambulance company and two EMTs are being sued by a mother who claims her teenage daughter was the victim of sexual misconduct during a transport last December.

The girl, identified only as Jane Doe, suffered a head injury while playing basketball at Elliott County High School on December 2, 2013. She was transported by the Elliott County Ambulance Service after experiencing symptoms of a concussion.

According to the suit, EMT Casey G. Berry, 31, unnecessarily cut and removed the girls clothing “without medical necessity and to satisfy his prurient interest.” The girl was left in “a state of almost complete undress, including the complete removal of her top.”

EMT Nicholas Porter is accused of driving the vehicle to Our Lady of Bellefonte Hospital taking a “lengthy and circuitous” route that allowed Berry additional time with the girl. An assistant coach from the girl’s team “was forced to ride in the front of the vehicle despite asking to be in the back.”

Berry is now facing two criminal charges over the incident, third-degree criminal mischief and second-degree official misconduct. A trial is scheduled for August 1, 2014.

The civil suit was filed in Greenup Circuit Court by Attorney John Vincent alleging assault, invasion of privacy, and intentional infliction of emotional distress against Berry and Porter; and negligent hiring by the Elliott County Ambulance Service.

More on the story.

UPDATE: 6/13/14 – Given the interest that this case sparked I contacted attorney John Vincent and he graciously agreed to an interview. Click here.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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