BECKLEY – The City of Beckley and its police department do not concede that the owner of a bar who is suing them was pulled over in 2011 as a prank.

The City and the Beckley Police Department on Sept. 19 filed a joint answer to a lawsuit filed by 3D Sports Bar that alleges police officers have been stationed outside the bar as retaliation for a complaint made by the bar’s owner.

Robin Buck was pulled over on Aug. 21, 2011, upon the request of Officer J.D. Perry. Buck says the stop was a prank and several officers pulled their service revolvers and detained her.

With regard to that allegation, the defendants’ answer states Buck was pulled over, at least one officer did pull his revolver and Buck was detained. It denies that the stop was a prank-gone-wrong that cost Perry his job.

“The defendants further admit that Robin Buck did file a complaint on Sept. 8, 2011, with the Beckley Police Department, and that some time after the filing of that complaint, Officer Perry did leave the Beckley Police Department,” the answer says.

“These Defendants deny that at any time any City of Beckley Police Department vehicles have been illegally ‘stationed’ on any premises on which they were not entitled to be. These Defendants admit that the Plaintiff has made complaints to the Beckley City Police Department about officers pulling over patrons leaving her establishment.”

The complaint filed by 3D Sports Bar says Perry was pranking Buck when he pulled her over, but the other officers did not know that.

The lawsuit seeks injunctive relief and damages for retaliation against public policy, trespass and tortious interference with leasehold, tortious interference with business relationship, and vicarious liability.

Buck says that after the incident, 3D Sports Bar opened at 4257 Robert C. Byrd Drive in Beckley. Buck alleges that since opening, two-to-four Beckley Police Department patrol cars intentionally stationed their police cruisers in the parking lot and pulled over patrons of 3D Sports Bar, causing the plaintiff a significant decrease in business.

The bar is represented by Michael T. Clifford and Richelle K. Garlow.

The defendants are represented by Chip E. Williams of Pullin, Fowler, Flanagan, Brown & Poe.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

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