Three people who were involved in an August 2007 brawl at Dodge City Raceway Park are suing the city of Dodge City, alleging that the city hired security guards for that night's race without first investigating their backgrounds.
Great Bend residents David Brack, Sherri Brack and Chad Brown are seeking more than $75,000 in damages from the city, plus any other relief the court decides to award. The $75,000 is a general figure and may change as the lawsuit progresses.
The lawsuit was filed Monday in Ford County District Court.
The brawl began after Chad Brown's race car was involved in a wreck during an Aug. 18, 2007, race at DCRP and was towed off the track, according to the lawsuit. At about the same time, a security guard named John J. Colbert allegedly exchanged words with Brown, grabbed his racing helmet and punched him in the face, breaking his glasses.
The lawsuit says that Colbert and another security guard, Timothy E. Thomas, later entered the pit area and began shouting at Brown, his brother Scott and other people.
The lawsuit alleges that Colbert struck David Brack, knocking him to the ground, then began kicking him. Thomas also allegedly struck Brack and began choking Sherri Brack's son, T.J. Janousek, and kicking him in the head when he fell to the ground.
"During the course of the physical assaults and batteries perpetrated by Mr. Colbert and Mr. Thomas, plaintiff Sherri Brack asked Brad Maxwell, the track manager at Dodge City Raceway Park, to do something to stop Mr. Colbert and Mr. Thomas," the lawsuit said. "Mr. Maxwell said he could not control Mr. Colbert and Mr. Thomas. Plaintiff Sherri Brack also asked Mr. Maxwell if he was going to call the police, and Mr. Maxwell said he would not call the police."
The lawsuit also said that Sherri Brack tried calling the police, but Colbert struck her hand and knocked her cell phone to the ground.
Maxwell has denied the allegations in his response to an earlier lawsuit filed against him, Colbert and Thomas in September.
Colbert's response to the earlier lawsuit said that he was trying to keep Brown from attacking another driver and trying to make sure he wasn't hit by the other race cars. The response also said that Brown turned violent and struck Colbert, who then struck Brown in self-defense.
Colbert denied the other allegations against him but said he had witnessed violence and threats from other people that night, including David and Sherri Brack.
Thomas has not filed a response to the earlier lawsuit and is in default, said Dodge City attorney David Rebein, who is representing the Bracks in both cases.
Background checks
The lawsuit says that Thomas and Colbert were working for the city the night of the brawl, which would make the city responsible for their actions.
In addition, the lawsuit says that Maxwell and the city failed to run background checks on the two men before hiring them and failed to train them properly.
"The city was aware, through their own court records and the knowledge of their own law enforcement personnel, that Mr. Colbert and Mr. Thomas had criminal histories and a history of violent activities," the lawsuit says. "Nonetheless, the city hired Mr. Colbert and Mr. Thomas upon Mr. Maxwell's recommendation."
The lawsuit also alleges that city officials knew that Maxwell was frequently short-staffed when it came to security guards, and that he was using untrained and unqualified people to fill those jobs.
The Bracks' attorney, David Rebein, told the Globe on Wednesday that the case was about the importance of careful hiring when it comes to security officers.
"That clearly wasn't done in this case, and it resulted in an injury to a minor and to others," he said. "And we're bringing the case to make sure that the racetrack in Dodge City is as safe as it should be for the participants and the patrons."
Local attorney Brad Ralph, whose firm handles the city's legal affairs, said that he could not comment on the lawsuit because he has been out of town and has not seen it yet.
Reach Eric Swanson at (620) 408-9917 or e-mail him at eric.swanson@dodgeglobe.com.
DODGE CITY —
