Woman Sues Otsego County for $5 Million over Alleged Sheriff’s Office Misconduct
By ERIC SANTOMAURO-STENZEL
ONEONTA
A Franklin woman representing herself sued Otsego County, the Sheriff’s Office and two deputies in May over alleged misconduct. In seeking $5 million in damages, Janel Whitbeck alleges false arrest, deliberate indifference to her medical needs, violation of the Americans with Disabilities Act and failure to appropriately train deputies. AllOtsego first reported the lawsuit as part of coverage of a November county board meeting.
The lawsuit recounts a March 1, 2025 incident at the Oneonta Walmart. Whitbeck claims that while she was checking out, her service dog alerted her to the onset of a transient ischemic attack, or TIA, often referred to as a ministroke. As Whitbeck attempted to return to her car for medication, the complaint says, Walmart staff called for the deputies and took her to a back security office. The complaint does not describe what happened with the items Whitbeck was purchasing.
Upon arrival, Otsego County Sheriff’s deputies, listed only as E. Lincoln and J. Smith, allegedly arrested Whitbeck despite her “garbled speech, unsteady gait, and medical alert bracelet.” Whitbeck alleges she told the deputies she was having a medical emergency, and that they indicated in multiple ways that they were aware. Still, the suit says, the deputies brought Whitbeck in to be booked, where she was “photographed repeatedly until her facial droop subsided.”
Otsego County Sheriff Richard J. Devlin Jr. denied the claims in an interview with AllOtsego, and said he could not comment further on the pending litigation. AllOtsego has filed a freedom of information records request for body camera footage and relevant documents in the incident.
The judge, Miroslav Lovric, dismissed the complaint against the Sheriff’s Office in October, leaving the suit against Otsego County and the individual deputies intact. The dismissal was procedural, not an assessment of the case’s merits. By longstanding precedent, lawsuits cannot be filed against individual agencies of municipal governments like police departments.
Whitbeck also requested filing fees be waived, saying she could not afford them. Judge Lovric has granted the request.
After “The Daily Star,” a competitor publication to AllOtsego, published an article on November 14 accurately describing the contents of the lawsuit, Sheriff Devlin responded from the office’s Facebook account.
The Daily Star’s article “concerning civil litigation involving two Deputy Sheriffs, presents an inaccurate account of the events in question,” he wrote. “Both deputies conducted themselves professionally and in full accordance with department standards.”
He added that “we stand firmly behind our deputies and look forward to a full exoneration.”
Over the following days, dozens of commenters appeared to take the post as a criticism of the publication.
“The Daily Star has a long history of labeling people guilty before they have all the facts,” read one comment with 50 likes as of press time. The article in question made no such claims of guilt.
Devlin told AllOtsego he did not intend to criticize the paper, only the lawsuit.
“It’s not The Daily Star, it’s the accusations in the complaint,” he said.
The original statement remains on the Sheriff’s Office’s Facebook page.
EDITOR’S NOTE: AllOtsego and its newspapers, “The Freeman’s Journal” and “Hometown Oneonta,” are proudly locally owned. In the news business these days, that’s rare. We need your help to keep AllOtsego for all of Otsego, not hedge funds hundreds of miles away who don’t care about the intricacies of local government or the milestones of everyday people like you. Can you subscribe, or donate, to our newspaper business? While donations are not tax deductible, rest assured they will be put to good use. When local media declines, corruption rises. Powerful people realize no one is watching and act accordingly. Getting you the news takes seven days a week, driving across the county, filing costly record requests, tech, phone, and other bills, and so much more. From finding human interest stories like a boat rescue on Otsego Lake to deep dives into controversial development proposals, reporting the news takes being a part of our community, knowing the micro-histories and relationships that make this such a special place. On such small margins, we couldn’t do it without you, dear loyal reader. (With your help, soon you’ll be a watcher and listener, too!) Support all of Otsego by supporting AllOtsego today.
Darla M. Youngs, General Manager and Senior Editor
AllOtsego, “The Freeman’s Journal” and “Hometown Oneonta”
PO Box 890, Cooperstown, NY 13326
