SUMMERSVILLE – A man says officers from the Summersville Police Department seized his property without a warrant and, with the county prosecutor, have kept his money without a probable cause hearing.
Shawn D. Booker filed a lawsuit July 31 against the Town of Summersville, the County Commission of Nicholas County, Nicholas County Prosecuting Attorney James R. Milam II and Sergeant John Latham for violation of his civil rights.
According to the complaint, officers with the Summersville Police Department seized $7,000 from Booker's property Feb. 11, 2013. His lawsuit says the money has not been returned, and that the County Commission of Nicholas County and Milam have not conducted a hearing of probable cause.
Booker says attempts to retrieve his money through legal actions have been unsuccessful and his money is being held in violation of state code and constitution.
He asks for a judgment against the defendants ordering them to return his $7,000 and a judgment award in excess of $100,000, punitive damages and costs.
Booker is represented by attorney Rico R. Moore of Charleston.
Nicholas Circuit Court Case 14-C-94