By Jim Hannah
The Cincinnati Enquirer

WILLIAMSTOWN - A U.S. Department of Justice investigation has found no evidence that deputies at the Grant County Detention Center violated the civil rights of two former inmates who claim in federal lawsuits that guards abused them.

The findings were contained in two letters obtained by the Enquirer from Grant County officials. The letters address claims made by former inmates Todd Allen Cox, a Pendleton County businessman, and George Overby of Cordova.

"After careful consideration, we conclude that the evidence does not establish a prosecutable violation of the federal criminal civil rights statutes," Albert N. Moskowitz of the Civil Rights Division of the Justice Department wrote in the letter dated Dec. 2. "Accordingly, we have closed our investigation."

A spokesperson for the Justice Department said on Thursday that he couldn't comment on the letters because other aspects of the agency's inquiry into the jail remain active.

The jail, located about 40 miles south of Cincinnati in Williamstown, is being sued in federal court in Covington by six former inmates who allege they were abused by guards. Also suing is the jail's former nurse who said she was fired, in part, after raising concerns about inmate care.

Jailer Steve Kellam has repeatedly denied claims of inmate abuse, giving public officials and journalists tours of the 300-bed facility that houses Pendleton County and federal prisoners for a fee in addition to Grant County inmates.

"It just goes to show, that once properly investigated, that we did not violate any civil rights laws," said Kellam. "These are frivolous allegations."

Jail attorney Tom Nienaber said the FBI did a very thorough investigation at the Justice Department's request after receiving complaints from Overby and Cox.

"The FBI and the Justice Department did exactly what we thought they would do - reject the claims," said Nienaber. "When all the facts come out, I think the public will agree these allegations are false."

Attorney Don Nageleisen of Covington, who is representing Overby, said the Justice Department's finding will not affect his client's suit.

"We are going full-steam ahead with our allegations against the jail," Nageleisen said. "I'm still receiving phone calls on almost a daily basis from people who say they were abused at the jail. We are investigating the allegations and expect more lawsuits to be filed."

Overby claims in his suit that he was assaulted by guards while handcuffed at the jail while incarcerated in August 2002 for a probation violation in Grant County. Overby, who uses a wheelchair because of a spinal cord injury he received in 1996, says the attack by guards was made worse because the facility is not handicap accessible.

Attorney Paul Hill of Covington, who is representing Cox, questioned whether the FBI can be objective when investigating other law enforcement officials.

"Obviously, we are disappointed in the decision," he said. "The FBI agent who looked into the client's claim chose to believe the words of guards rather than inmates. That's unfortunate in this case"

Cox claims that he was assaulted by jail guards after Falmouth police arrested him on March 13 on charges of drunken driving.

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E-mail jhannah@enquirer.com