Nevada County Picayune and Gurdon Times Newspaper Archive

Most Lawsuits Dismissed Against Sheriff

By JOHN MILLER

Most of the cases filed against the Nevada County Sheriff's Office have been dismissed.

Ralph Ohms, attorney for the NCSO, said none of the cases had merit and couldn't hold water in court.

At this time, he said, the only case remaining to be heard is the one filed by Milton Ballance.

Ballance's suit claimed he was arrested without cause and not given proper medical treatment for an injured hand.

Records in U.S. District Court in Texarkana showed Ballance was arrested for failure to pay child support.

After he was arrested, he was taken to St. Michael's Hospital for surgery on the injured hand.

The day after Ballance's hand was operated on, he claims no deputy was on hand to take him back to the Nevada County jail, so he called someone to come and get him.

The NCSO notified the Hempstead County Sheriff's Office, asking them to pick Ballance up as he left the hospital without the proper authority. The HCSO did and Ballance was returned to the NCSO.

His suit alleges he was returned to the Nevada County jail with stitches in his hand, with the hand not being wrapped to keep it clean. He also claims he was not given pain medication, though he asked for it on a daily basis.

Ohm, however, said this case is also without merit. Prisoners taken to hospitals can be charged with escape (as Ballance was) if they leave with no law enforcement officer around.

"Being sued," he said, "goes with the territory. You get someone inside who knows the system. They get everyone else stirred up and suits get filed.

"The guys at the NCSO are going a good job. The prisoners are being properly taken care of."

Ohm said the important thing in these situations is not how many times you are sued, but how many times you lose. "We haven't lost and won't lose," he said.

"I haven't lost a case since representing them (the NCSO)."

Ohm said former Nevada County Sheriff Abb Morman had a couple of suits filed against him, but these were dismissed.

"Once the jailhouse lawyer is gone," Ohm said, "things will settle down."

Sheriff's being sued, he said, seems to go in cycles. Ohm represents sheriff's throughout Southwest Arkansas and said one will get a jailhouse lawyer who stirs things up and the suits begin. Once the instigator is gone, the suits stop.

The Nevada County jailhouse lawyer appears to be Charles Tolliver, Ohm said. Tolliver recently entered a plea bargain for 40 years for the delivery of a controlled substance, namely crack cocaine.

Tolliver, himself, sued Sheriff Steve Otwell. One suit claims Tolliver was denied legal counsel, not read his rights under the Miranda Act, had all pre-trial motions denied and was not given due process under the law.

It also charged he was falsely imprisoned, an illegal search and seizure was done when he was arrested (even though the search warrant was issued after controlled buys were made from the suspect) and he wasn't given proper medical attention for his high blood pressure condition.

Ohm said the decision on Tolliver's is expected soon, but this case was also meritless.

Tolliver, he said, has appeared as the witness for every suit filed against Otwell. This, he added, leads to the belief this is the jailhouse lawyer.

Ohm said the NCSO hasn't lost a case filed against it by an inmate yet, and doesn't plan to start now.

"Being sued goes with the territory, but none of these have merit."