Man sues City of Huntington for unlawful arrest, assault
Kyla Asbury May. 31, 2012, 4:29am
HUNTINGTON -- A Huntington man is suing the city after he claims he was unlawfully arrested by several police officers.
Chuck Kingery, Travis Hagan and six unknown and unnamed individuals were also named as defendants in the suit.
On May 12, 2011, Bobby Trout was sleeping in his home in Huntington when Hagan, Kingery and the six unknown and unnamed individuals arrived at his home with a search warrant and entered into his residence, according to a complaint filed May 3 in Cabell Circuit Court.
Trout claims he woke up from sleep and entered into the room where the defendants were located, where he was immediately ordered to get onto the ground.
After Trout responded with a question, he was physically forced to the ground with excessive force and the defendants physically battered and beat him with excessive force, according to the suit.
Trout claims the beating he suffered resulted in severe injuries, which led to him being taken to the hospital, where he remained in the intensive care unit for multiple days.
On May 13, 2011, Trout was criminally charged with obstruction by Hagan and Kingery, but he was not criminally charged with any other offenses, according to the suit.
Trout claims he was later required to be hospitalized for a second time in the intensive care unit for multiple days as a result of the severe injuries he sustained from the physical beating he received from the officers.
The criminal charge against Trout was later dismissed in Cabell Magistrate Court, according to the suit.
Trout claims as a result of being falsely and illegally arrested by the defendants, he suffered injuries to his face, head, ribs, stomach and pelvic area.
Also as a result of being physically taken to the ground and physically battered by the defendants, Trout suffered severe injuries, according to the suit.
Trout claims the defendants failed to protect him from an assault and battery, as well as an unlawful arrest.
The defendants engaged in conduct with the requisite intent to constitute oppression, outrage, malice, fraud and conscious disregard, according to the suit.
Trout is seeking compensatory and punitive damages. He is being represented by Jay C. Love.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 12-C-295