CHARLESTON — A Cabell County gun owner is suing a deputy sheriff, alleging unlawful use of unreasonable and excessive force.

Jimmy Bruce filed a complaint March 9 in U.S. District Court for the Southern District of West Virginia against Cabell County deputy sheriff Ronald Miller, alleging violation of the Fourth and 14th Amendments of the U.S. Constitution.

According to the complaint, on June 28, 2016, Bruce, 79, sustained injuries, including lacerations to his forearms, elbow and right knee and multiple rib fractures and pneumothorax after an altercation at his home with Miller. The suit says Bruce has suffered humiliation, pain and suffering, emotional distress and medical expenses. 

The plaintiff alleges Miller unlawfully and violently used overwhelming and unreasonable force against the elderly Bruce by handcuffing him, violently taking him to the ground and forcibly placing his knee to the plaintiff's back.

Bruce seeks trial by jury, compensatory and exemplary damages, attorney fees and court costs and all other proper relief. He is represented by attorney Robert J. Frank of Law Firm of Robert J. Frank LLC & Associates in Lewisburg.

U.S. District Court for the Southern District of West Virginia Case number 3:17-cv-01664

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U.S. District Court for the Southern District of West Virginia Charleston Division
300 Virginia Street East
Charleston, WV - 25301

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