Sheriff's deputy denies allegations in lawsuit

FILLMORE — A Millard County sheriff's deputy being sued for excessive force is fighting back.

In a filing in U.S. District Court in Salt Lake City, deputy Clete Carter and the Millard County Sheriff's Office deny the allegations made in a lawsuit filed by Ty Pickyavit. The 19-year-old is suing over his May arrest here, which was captured on police dash cam.

Pickyavit accuses Carter of shoving his head into the side of a truck, then to the ground, during his arrest for intoxication. He was taken to the hospital to be treated for head injuries, Pickyavit's attorney claims.

"(Carter) in fact had some difficulty restraining (Pickyavit)," the deputy's attorney, Frank Mylar, wrote in a response. "Plaintiff would not give defendant his right arm, and he kept trying to elbow defendant before finally being able to restrain him."

The response includes numerous categorical denials of Pickyavit's claims. Mylar said officers are entitled to some immunity from lawsuits for doing their jobs and suggested Pickyavit is the cause of his injuries "in that his injuries resulted from (Pickyavit's) willful and illegal acts."

A hearing in the lawsuit is scheduled for Jan. 14.

— Ben Winslow