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A lawsuit filed over a deadly police shooting in Swan Pond was dismissed in U.S. District Court.
Quarry Road resident David Dickey was killed at his home by Roane County Sheriff’s Deputy Dustin Hensley on June 6, 2009. Dickey’s mother, Martha Davis, filed a $7.95 million lawsuit against Roane County, Hensley, Sheriff Jack Stockton, Chief Deputy Tim Phillips, investigator Bryan Walker and former county executive Mike Farmer.
The lawsuit was filed in Roane County Circuit Court in June 2010. It was moved to the U.S. District Court in Knoxville a month later.
Davis was represented by Oak Ridge attorney Mike Ritter. The county was represented by Jeffrey R. Thompson of the Knoxville law firm O’Neil, Parker and Williamson.
Thompson’s motion to dismiss Farmer, Stockton and Phillips from the lawsuit was granted in 2011.
Thompson filed a motion to dismiss the case against the county, Hensley and Walker on Sept. 12, 2011. A hearing was held on Oct. 24, 2012.
Thompson attended, but Ritter was a no-show. Ritter later said he wasn’t aware of the hearing.
“After the reassignment of civil actions by the the Honorable Thomas W. Phillips to the Honorable Tena Campbell on April 16, 2012, counsel for plaintiff mistakenly assumed a different scheduling order would be sent to the parties by the Honorable Tena Campbell,” Ritter said.
On Dec. 17, 2012, Campbell signed the order dismissing the case with full prejudice against the county, Hensley and Walker.
“The court finds that the use of force by deputy Hensley was justified,” the order said.
Ritter contested, but his appeal to the 6th U.S. Circuit Court of Appeals was dismissed in February.
An inquiry by the Tennessee Bureau of Investigation cleared Hensley of any wrongdoing.
District Attorney General Russell Johnson also presented the case to a grand jury twice. Each time the grand jury chose not to indict.
Hensley is no longer employed with the Roane County Sheriff’s Office.
“He sought employment with the Cumberland County Sheriff’s Office,” Stockton said. “He got a job with them.”