MURRAY – A Maryland man filed a lawsuit in federal court against the Murray Police Department (MPD) earlier this week, claiming, among other things, that because of one officer’s use of excessive force in an early-morning encounter outside of a local bar, he was left with a traumatic brain injury and still suffers from what may be permanent side effects.
Now, more than six months after the incident, Liam Traube, 31, of Middletown, Maryland, says, “Because of the Murray Police Department, my life will never be the same.”
Johsua Harp, a Frankfort-based attorney with Baughman Harp, PLLC, filed the lawsuit in United States District Court for the Western District of Kentucky Tuesday against MPD by way of its overseeing body, the City of Murray, as well as five MPD officers, in both their official and individual capacities: Officer Griffin Deese, Sergeant Dustin Bevil, Captain Jay Herndon, Major Angel Clere and Chief of Police Samuel “Sam” Bierds.
Harp told The Sentinel that the suit was filed in federal court because the case is centered on violations of Traube’s Fourth Amendment rights, and under 42 United States Code (U.S.C.) Section 1983, such violations fall under federal jurisdiction.
According to the complaint, MPD officers were dispatched to Tap 216 at approximately 1:29 a.m. on Jan. 1 after receiving a call from Ben Ballard, owner/manager of Tap 216, requesting assistance regarding a man who, after instigating a fight another man, was now “‘trying to fight staff.’” Ballard described the subject as a white male, wearing a flannel shirt, a vest and a hat.
Deese and MPD Officer Mairkqus Thompson, who is not named as a defendant in the case, responded to the call, arriving at Tap 216 approximately two minutes later. The complaint alleges an unnamed employee met the officers upon their arrival, advising the subject was “’going up around the building, down the alleyway now,’” and “without asking any more questions,” the officers took off running in the direction indicated by the employee.
The officers ran for approximately 15 seconds, according to the complaint, before they saw Traube, who was wearing neither a vest nor a hat, and his shirt was obscured by the coat he was wearing. Deese yelled, “Hey, stop,” and a few seconds later yelled, “Stop running now,” but he failed identify himself as a police officer both times. Thompson then yelled, “Murray Police. Stop.”
Traube stopped and raised his hands in surrender once Thompson identified himself as a police officer, the complaint contends, citing body-worn camera (BWC) footage; however, despite Traube’s attempt to comply with the officers’ orders, Deese, still running at full speed, tackled Traube, “hitting him so hard that he knocked him out of one of his shoes.”
“The force of his head slamming against the concrete cracked Traube’s skull and inflicted a serious and traumatic brain injury,” the complaint states. “Traube was immediately knocked unconscious and large amounts of blood immediately began pouring from his right ear. MPD BWC footage captured Traube’s limp body after Deese tackled him.”
Note: The complaint includes still photos taken from the BWC footage, which we will not openly display but can be viewed using the link below. The images are graphic in nature and may be disturbing to some individuals.
Click here
Traube suffered a basilar skull fracture, traumatic intracranial bleeding and traumatic brain injury. He was taken to Murray-Calloway County Hospital by ambulance and eventually flown to an out-of-state hospital for treatment.
“Officer Deese injured me without cause or justification, and I suffered a significant traumatic brain injury,” Traube wrote in a statement. “My injuries are extensive, and have had a severe impact on my life. I have constant headaches. I fatigue easily and take daily naps because of the headaches and the fatigue. Even my eyesight is affected, and I cannot see clearly. My hearing was affected. I am unable to remember things.
“My physicians have not released me to return to work. I have to rely on others for many things, because I simply cannot take care of myself like I could before. I am still going to occupational therapy, speech therapy, and physical therapy as I continue to try to get better, and I’m not sure if or when I will be able to stop going.”
In addition to critical injuries, Traube also received two misdemeanors. Deese charged him with public intoxication and third-degree fleeing or evading even though, according to the complaint, Deese did not witness any conduct by Traube during the three seconds that elapsed between Thompson identifying himself as a police officer and Deese tackling him that would meet statutory criteria for those crimes. Notably, prosecution of those charges was deferred for one year and may be eligible for dismissal in February 2026.
To that end, Tuesday’s filing further asserts that Deese made numerous misrepresentations in the uniform citation he filed related to the incident, many of which are directly refuted by the BWC footage.
“We’ve got the body cam footage; we’ve seen the footage,” Harp told The Sentinel. “It is absolutely ridiculous that they tackled him or used any physical force against him at all. He didn’t ‘fail to comply’ with their directions; they didn’t give him a chance to comply. They claimed that he was running when the video does not show him running. In fact, it’s dark, but you can see him raising his hands. So, instead, they talk about ‘throwing hands,’ and they file a criminal complaint against him, just to legitimize their actions.”
In the complaint, Harp argued that Deese’s actions constituted a violation of MPD’s “Response to Resistance” policy; however, Deese’s supervisors, namely, Bevil, Herndon, Clere and Bierds, indicated in follow-up documentation that his actions did not violate MPD’s policies or Kentucky Revised Statutes.
“Any finding, conclusion, or determination that Deese’s conduct was in compliance with MPD’s Response to Resistance Policy made by any representative of MPD with full knowledge of the pertinent facts was in bad faith, and was merely an attempt to conceal Deese’s unlawful actions,” the complaint states.
Finally, the complaint asserts that MPD “has a history of condoning and ratifying officer conduct which is objectively contrary to [its] written policies,” noting that, prior to Jan. 1, MPD had, on multiple occasions, “condoned an officer’s use of force against a person when the person does not comply with the officer’s directions, even when there does not exist probably cause to arrest that person.”
In 2024 alone, half of all encounters for which MPD documented any use of force by officers resulted in injury to the subject, the complaint states.
Further, after noting it is not a crime in Kentucky for a pedestrian to evade law enforcement unless the act causes “a substantial risk of physical injury to someone else or results in actual injury,” the complaint asserts that, on multiple occasions prior to Jan. 1, MPD “condoned an officer’s use of force against a pedestrian who was perceived by the officer to be fleeing” despite lacking probable cause to arrest the individual for any other crime and without evidence of a substantial risk of injury.
Harp told The Sentinel that those allegations stem from his evaluation of records provided in response to an open records request he submitted related to MPD’s use-of-force incidents.
“There appears, to us,” he said, “to be a number of cases where an officer has given instruction, and when the person doesn’t comply with their directions, then they use force – whether it’s a lot of force or a little force, but they use force – in a way that is impermissible, not lawful. And then the department signs off on it and says that the use of force was in accordance with the policy and with Kentucky statute when, in fact, their policy says something very different, as do the statutes.”
As a result, according to the complaint, MPD has developed a culture that glorifies and promotes the use of force by its officers, regardless of whether it is warranted. By way of evidence, the complaint offered the fact that Deese was named “Officer of the Quarter” for the first of 2025, “which began … the day that he tackled Traube.”
“With no hint of irony whatsoever, when MPD declared Deese to be the ‘Officer of the Quarter,’ MPD awarded Deese a belt that is styled after the championship belts awarded for boxing, mixed martial arts, and professional wrestling. The belt was even emblazoned with the word ‘Champion,’” the complaint states, calling the use of such a belt a “tacit endorsement of police officers’ use of physical force against others.”
Three of the six counts listed in complaint are based on the theory that Deese’s actions on the morning of Jan. 1 constituted a violation of Traube’s Fourth Amendment rights; that the City of Murray was complicit because it bears the responsibility to oversee MPD’s policies, practices and procedures; and that Bevil, Herndon, Clere and Bierds are also liable by virtue of their respective supervisory roles.
The remaining counts include assertions of common law battery and negligence and gross negligence against Deese for tackling Traube; negligence and gross negligence against the other defendants for failing to supervise officers, to require adherence to MPD’s policies, to initiate discipline and/or termination of officers and failing to meaningfully and objectively investigate use-of-force incidents; and abuse of process against Deese for wrongfully charging Traube with crimes “in an attempt to make his own unconstitutional and tortious actions … appear reasonable” and against the City of Murray because issuing citations is a ministerial act.
Traube has asked for relief in the form of compensation for actual damages – past and future medical bills, emotional distress and physical pain and suffering; humiliation and embarrassment; and damage to his reputation – as well as punitive damages and reimbursement of costs, including attorney’s fees.
When contacted by The Sentinel Thursday, Beirds advised that he could not comment on the lawsuit at this time.
Editor’s note: Filings in civil lawsuits only reflect one party’s interpretation of events.
*This story was updated June 14 at 10:25 a.m. to correct formatting issues and add photos.