Danville Pays $500K After Police Arrested a Man With Dementia at Walmart Police Punched Him Six Times. and the Officer Still Has a Job.

More than a year after an elderly man with dementia’s forcible arrest at Walmart, his family has reached a settlement. The family of John Hardwick reached a settlement with the City of Danville and the Danville Police Department on March 3, 2026. The settlement amount, per the headline of recent reporting, is $500,000 — a figure the city had initially kept confidential. John Hardwick died on February 11 at his home with his wife, Cindy, and family by his side, before the settlement was finalized. The money goes to his widow. The officer who punched him remains employed by the Danville Police Department.

Field	Detail
Plaintiff	Cindy Lou Hardwick (as Power of Attorney / estate of John Hardwick)
Defendants	City of Danville, Danville Police Department, Officer T.J. Godbey, Officer Brandon Conley, Sergeant Benjamin Ray, Police Chief Glenn Doan
Incident Date	October 14–15, 2024
Location	Walmart, Danville, Kentucky
Original Charges Against Hardwick	Alcohol intoxication, shoplifting
Charges Outcome	Dismissed with prejudice
Settlement Date	March 3, 2026
Settlement Amount	$500,000 (per recent reporting)
Legal Claims Filed	Excessive force, false arrest, Fourth Amendment violation, ADA violation, Rehabilitation Act violation, falsified police reports
Case Status	Resolved — civil case closed
Officer T.J. Godbey	Remains employed by Danville Police Department

What the Settlement Includes Beyond the Money

• The department agreed to a change in policy: officers will be trained on how to interact with people of diminished capacity and diseases like dementia.
• Officers will be sent to crisis intervention training at the Kentucky Department of Criminal Justice.
• The mayor will present a new policy and procedures for dealing with individuals with diminished capacity, including dementia, to the city commission.
• Mayor James “JH” Atkins issued a public statement: “On behalf of the City, the Mayor expresses his sincere apologies for these unfortunate events and his condolences to the family of Mr. Hardwick who has recently passed away.”

He Wasn’t Stealing. He Was Confused. That Distinction Is the Whole Case.

According to the lawsuit, Hardwick and his wife Cindy Lou made weekly Walmart trips in Danville. Those trips helped Hardwick maintain some level of independence while he battled dementia. On October 14, 2024, one of those routine trips ended with him in handcuffs.

Hardwick and his wife went to Walmart for a quick shopping trip, but things escalated when he tried to buy two packs of beer without realizing he didn’t have his license. After a store employee placed the alcohol behind a register, Hardwick walked behind the register and took possession of the unpaid alcohol. His attorney’s account and the surveillance footage tell a different story than the police report — there was no effort to leave Walmart, no effort to run. He was following directions from loss prevention. He placed the beer in his cart, then placed it back on the counter, several times — not understanding what was happening.

A Walmart Asset Protection employee retrieved three Danville police officers: Sergeant Benjamin Ray, Officer T.J. Godbey, and Officer Brandon Conley. One officer is heard on body camera saying “sounds like enough shoplifting for me” — even though Hardwick had not actually left the store with anything.

Related article: A County Snowplow Crash in 2022. Multiple Surgeries. And a $2.75 Million Check That Didn’t Come From Your Property Taxes

Six Punches, a Leg Whip, and an Attempted Chokehold

What followed is documented on bodycam footage and Walmart surveillance video — two recordings that later drew national attention and an online petition signed by more than 38,000 people.

Attorney Ephraim Helton described the sequence: “You see T.J. Godbey pull his cuffs out, rush him. One officer does what they call a leg whip to bring him down; the other officer tries to put him in a chokehold — which every law enforcement officer knows, and every police department in this country prohibits, after the tragedy that happened with George Floyd.”

Officer T.J. Godbey punched Hardwick six times — caught on video. Hardwick was put in handcuffs and taken to the Boyle County Detention Center. Jail staff refused to admit him, stating he was in a clear delusional state. He was transferred to Ephraim McDowell Regional Medical Center, where a medical report noted he was confused and had a history of dementia.

The same officer who wrote in his report that Hardwick was under the influence of alcohol told hospital staff he appeared confused. After the arrest, text messages exchanged between officers called Hardwick’s severe dementia claim a “stretch.” The lawsuit later alleged officers falsified police reports and attempted to gain criminal convictions on erroneous charges to cover up unlawful behavior.

All charges were eventually dismissed with prejudice.

What the Arrest Did to the Last Year of John Hardwick’s Life

The physical injuries — bruising, rib injuries, lacerations — healed. The rest did not.

After the incident in Walmart, John left the house maybe two to three times for the remainder of his life. His attorney said: “They shattered him with an awful last few months of his life, due to their conduct and their conduct alone.”

Hardwick had been diagnosed with frontotemporal dementia and had lived with the condition for several years. His diagnosis became central to questions surrounding his arrest. Medical experts retained by the family addressed how traumatic events can have serious effects on individuals diagnosed with frontotemporal dementia.

Court documents state: “The trauma inflicted by the Defendants on October 15, 2024, has since completely altered and devastated his life.” The arrest prompted community reaction, including an online petition seeking the removal of the arresting officer that collected more than 38,000 signatures. The officer remained employed with the department.

John Hardwick died on February 11, 2026, at his home, with his wife and family by his side. He was 67.

The Legal Claims That Made Danville Pay

The federal lawsuit alleged officers violated Hardwick’s Fourth Amendment rights, that the department and city failed to train and supervise officers properly, and that Danville violated the Americans with Disabilities Act and the Rehabilitation Act. That ADA claim was significant — it established that people with cognitive disabilities have legal protections during police encounters, and that departments that fail to train for those encounters bear institutional liability, not just individual officer liability.

The lawsuit additionally alleged that body camera footage from the afternoon of Hardwick’s arrest didn’t match the security footage obtained from Walmart — raising questions about tampering or selective recording. Sergeant Ray’s footage ran 40 minutes, Officer Godbey’s only seven, Officer Conley’s only twelve. “Their bodycams should’ve all been the exact same length,” attorney Helton noted.

Police Chief Tony Gray and Assistant Chief Glenn Doan signed off on Godbey’s reports following the arrest, stating the punches weren’t deemed excessive. Both were named defendants in the federal lawsuit.

The City Apologized. The Officer Kept His Badge. That Is the Unresolved Question.

The settlement closes the civil case. It does not answer what many in Danville and beyond still want answered.

The officer who punched Hardwick was not fired, not criminally charged, and not meaningfully disciplined. The city’s public statement focused on apologies and policy reform — the dollar figure was initially withheld. Civil rights observers noted that governments often frame settlements like this as evidence that the system worked: there was a lawsuit, a resolution, new policies, and now everyone can move on.

Attorney Helton acknowledged the tension directly: “I’ve been the city’s worst critic for the last 14, 15 months. And I love my community. And I was proud — I believed they stepped up. I believe Mayor Atkins stepped up and did the right thing by helping to facilitate this settlement.” But he also credited public pressure: “The mediator said: going to the press, exposing it, and getting transparency — if you all hadn’t done that, we wouldn’t have landed monetarily where we did, nor do I think we would have had the policy and training.”

Cindy Hardwick wanted the settlement to ensure that no one in her husband’s place would ever suffer this again. Whether a new training policy achieves that depends entirely on whether the department treats it as a genuine change or as paperwork filed to close a lawsuit.

FAQs: The John Hardwick Settlement and What It Means

Why could Danville police arrest someone who clearly had dementia? 

The lawsuit alleged that a lack of training on the signs and symptoms of dementia puts people with cognitive conditions in extreme danger when encountering police. Officers arrived responding to a shoplifting call and, according to the lawsuit, did not recognize — or chose to ignore — signs of cognitive impairment. The ADA and Rehabilitation Act require law enforcement agencies to make reasonable accommodations for people with disabilities, including cognitive ones.

Is Officer T.J. Godbey still employed by the Danville Police Department? 

Yes. Despite an online petition with more than 38,000 signatures seeking his removal, Godbey remained employed with the department through the filing of the lawsuit and subsequent settlement. The settlement does not require his termination.

What policy changes did Danville agree to as part of the settlement? 

The mayor will present a new model policy and procedures for dealing with individuals with diminished capacity, including dementia, to the city commission. Officers will also attend crisis intervention training at the Kentucky Department of Criminal Justice. These are recommendations to the commission, not automatic mandates — final adoption requires a vote.

Did the settlement admit wrongdoing by the city or officers? 

No. A civil settlement resolves claims without requiring an admission of liability. The city issued an apology and agreed to policy reform, but the settlement does not constitute a legal finding that any officer committed a crime or acted unlawfully.

Could the officer involved face criminal charges? 

Criminal charges are separate from civil litigation and would be filed by state or federal prosecutors, not by the Hardwick family. No criminal charges have been filed against Officer Godbey, Sergeant Ray, or Officer Conley in connection with this incident.

Do I need a lawyer if police used force against a family member with dementia? 

Yes, promptly. Federal civil rights claims under the Fourth Amendment, the ADA, and the Rehabilitation Act have specific filing deadlines. Evidence — including bodycam footage — can be lost or withheld if requests are not made quickly. An attorney experienced in civil rights litigation can evaluate whether a department’s failure to train for cognitive disability encounters creates institutional liability alongside individual officer claims.

Will the settlement payment be taxable? 

Portions of a personal injury settlement that compensate for physical injuries are generally excluded from federal taxable income. Amounts tied to emotional distress without a physical injury component may be treated differently. The Hardwick family should consult a tax professional regarding the specific breakdown of their settlement.

Last Updated: April 2, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice about a particular situation, consult a qualified attorney.