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Trials & Litigation

Judge cuts $1.6M jury verdict for lawyer who said she was hounded by sheriff's office to $300K

Saying that he was required to do so by a legal cap on damages against a government agency, a South Carolina judge has reduced a $1.6 million jury verdict for an attorney who said she was hounded by the local sheriff’s office to $300,000.

Kay Paschal contended in her malicious prosecution lawsuit that she was arrested, strip-searched and forced to sleep naked under a blanket in a jail cell after being taken into custody for no good reason during an estate dispute. The charges against her were later dismissed for lack of evidence, but resulted in the suspension of her law license, the State reports.

At issue was the $6 million estate of David Wallace, who died in 2011 at age 88. Paschal, who was named as his personal representative, was his longtime companion and described herself in the lawsuit she filed against the Lexington County sheriff’s office as his common-law wife.

In his ruling, Lexington County Circuit Judge William Keesley found that the trial was fair and said the evidence supported the jury’s conclusion that “overzealous, ill-willed and improper prosecution” by a deputy of Richland County Sheriff Leon Lott caused Paschal significant mental and emotional distress, the article says.

Lott, who had no direct involvement in the events complained of by Paschal, said the department plans to appeal the reduced $300,000 verdict.

Attorney Jake Moore, who represents Paschal, said he will ask the judge to reconsider his ruling reducing the amount of the jury verdict.

A federal civil rights suit by Paschal against the sheriff’s department is ongoing.

Related coverage:

The State: “Lexington jury slams Richland County sheriff with $1.6 million verdict for malicious prosecution”

The State: “Sheriff Lott says $1.6 million Lexington jury verdict against his department “excessive,” lacks evidence”