Lawsuit Alleges Sheriff’s Recruit Died in Forced ‘Fighting Circle’

Evansville, IN (WorkersCompensation.com) – A lawsuit filed in Indiana this week alleges that a sheriff’s deputy died after being forced to fight as part of his training.

Kourtney Hacker, the wife of Asson Hacker, filed the suit in Vanderburgh County Superior Court against the Southwest Indiana Law Enforcement Academy (SWILEA) alleging that her 33-year-old husband was forced to fight a veteran officer during a training course, and then died. Court records indicate that she is represented by Indianapolis-based attorneys Charles Hayes and Steven Lammers.

The lawsuit, filed Sept. 3 against SWILEA, as well as the Knox County Sheriff’s Office, the Evansville Police Department and several individuals, alleges that Asson Hacker died due to the defendants being “negligent in their failure to provide immediate and proper medical care to Hacker.”

According to the filing, Hacker was recruited to join the Vanderburgh County Sheriff’s Office. As part of the job requirements, Hacker was to go through a training program by SWILA. On March 2, 2023, SWILEA held a training event called the “Big Fight” in Evansville. In order to become a full-time law enforcement officer, the lawsuit said, male recruits were required to participate in the fight.

“The Big Fight was set up in a fighting circle similar to that of an MMA or UFC style fight,” the lawsuit said.

Kourtney Hacker alleges in the filing that her husband was ordered to fight Major Michael Fisher with the Knox County Sheriff’s Office, who was also an instructor with SWILEA. Fisher “had significantly more training in fighting than Hacker,” the lawsuit said. During the fight, which was filmed, Fisher allegedly choked, hit, punched, kicked and body slammed Hacker, as well as “impeded Hacker’s ability to breathe” at times.

Court documents said Fisher employed tactics that would be considered excessive force. The lawsuit also alleges that the fight was akin to hazing.

“The ‘Big Fight’ was treated as a rite of passage for recruits, and was a hazing-styled exercise, as opposed to a legitimate training exercise,” the lawsuit said.

While the fight was only supposed to last no more than five minutes, officials overseeing the fight did not end it at five minutes, and instead encouraged the two sides to continue. After the fight, Hacker was on the ground, motionless. Instead of taking him immediately to the hospital, the lawsuit said, several other fights were conducted. According to court records he was taken to the hospital at 12:06 p.m., and declared dead at 4:03 p.m.

Photographs posted to the Evansville Police Department’s Facebook page on March 22 show SWILEA training at the same location that the “Big Fight” took place at – fights which reportedly preceded Hacker’s death. The images showed what appeared to be recruits and instructors in sparring gear. While it wasn’t clear form the photos if the March 22, 2022 training constituted an earlier “Big Fight,” the department’s accompanying Facebook post seems to corroborate claims made in the suit – namely that cadets would be paired with a defensive tactics instructor at the conclusion of the course to “use the tactics they’ve learned in a scenario.”

According to the Vanderburgh County Coroner’s Office, Hacker died as a result of exertional sickling and sickle cell trait. Exertional sickling, the University of Connecticut’s Korey Stringer Institute said, is a “medical emergency occurring in athletes carrying the sickle cell trait.” When it occurs, red blood cells change shape or “sickle” which causes a build-up of cells in small blood vessels, leading to decreased blood flow. The drop in blood flow leads to the breakdown of muscle tissue and cell death.

The Evansville Police Department said Hacker died after he participated in “routine physical tactics” during training at the academy. According to the Evansville Courier & Post, the coroner’s determination of a “natural” death as the result of exertional sickling and sickle cell trait spurred the Vanderburgh County Sheriff’s Office to institute new screening protocols for cadets who could be at risk of developing the condition.

For its part, the Vanderburgh County Sheriff’s Office released a statement on Monday that it continues to mourn Hacker’s “tragic and untimely passing.”

"While the sheriff's office is not a named party in the lawsuit filed by Deputy Hacker's estate, we are closely monitoring the developments in this case," the statement reads, in part. "We believe many of the allegations contained within the complaint are either inaccurate or misleading."

Hacker’s estate said his death was linked to his participation in SWILEA’s training program which was sponsored by the city. The lawsuit claims the city “placed Hacker in a position of danger that he otherwise would not have faced,” and that Hacker “did not knowingly consent” to be in.

"The 'Big Fight' was not a legitimate training exercise but rather a state-sponsored hazing event that created an obviously dangerous situation," the complaint states.

Kourtney Hacker is seeking compensatory and punitive damages, in addition to reasonable court costs.

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