Lawsuit filed in Radcliff foster child death

HARDIN COUNTY, KY (WAVE) - A wrongful death lawsuit has been filed in a foster child death case WAVE 3 News raised questions about in an exclusive investigation.

Hunter Payton, 4, was one of three children taken away from their parents last year by the state and placed in a foster home in Radcliff.

Three months later, Hunter died of a fractured skull.

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His parents said they had complained to the state about bruising on Hunter while he was in foster care, and they were told several different stories about how he died in an accidental fall.

Months after our report, Billy Embry-Martin, 33, was charged with murder.

The lawsuit accuses him and his husband, Travis Embry-Martin, of "violent punishment, physical abuse and denial of food."

Billy Embry-Martin is free on bond awaiting a December trial on the murder charge.

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