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CHARLESTON — A lawsuit alleging the City of Charleston is at fault for the death of a man has been removed to federal court.
"The complaint raises multiple claims pursuant to federal statutes and/or the United States Constitution, including, but not limited to: Counts I, II, III and IV of the complaint," the Oct. 18 notice of removal states.
The defendants all consented to have the case removed to U.S. District Court for the Southern District of West Virginia for jurisdiction over the federal claims.
Walter R. Myers, as the administrator of the estate of Adam R. Myers, and along with Vivian G. Myers filed the lawsuit against the city; Job Ouma, a police officer for the city; Erick Miller, a police officer for the city; Steve Cooper, the former chief of police for the city; and John Does 1 through 25 alleging several violations of the U.S. Constitution, excessive force in violation of the state Constitution, assault and battery, intentional infliction of emotional distress, negligence and violations of policy.
Adam Myers suffered from mental illness and on Sept. 11, 2017, Walter Myers and Vivian Myers contacted emergency services and requested assistance in order to have their son taken to the hospital for treatment and observation after he was experiencing an exacerbation of his mental illness symptoms.
The officers did not follow proper procedures for a mental hygiene proceeding in order to provide Adam Myers with the proper services and the following day, as his mental health continued to deteriorate, Walter Myers and Vivian Myers called emergency services again and Ouma and Miller arrived at their home.
Ouma and Miller handcuffed Adam Myers within a matter of seconds and Ouma then violently tripped Adam Myers to a position where he was lying on his stomach face down. Ouma then put his right lower leg into the small of Adam Myers' back, effectively trapping Adam Myers beneath Ouma's body, according to the suit.
The plaintiffs claim Adam Myers immediately began gasping for breath, but Ouma continued to force his weight onto him while conversing with Miller.
After several minutes, Miller began speaking with Walter Myers and Ouma got up to also speak with him, according to the suit. When the officers returned to Adam Myers, they turned him over once they noticed he was unresponsive and Miller said Adam Myers was dead.
Adam Myers' body was transported by EMTs and he was found to be dead on arrival when he reached Charleston Area Medical Center, according to the suit.
"Following the death of Adam Myers, the Defendant, City of Charleston, through high ranking officials and other agents, servants, employees and/or law enforcement engaged in a public relations campaign designed to prevent the public from knowing the true circumstances surrounding the death of Adam Myers and to malign Adam Myers, a known mentally ill person, and his parents, the Plaintiffs, Walter R. Myers and Vivian G. Myers," the complaint states.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by S. Sean Murphy and Crystal Hawkins Castleberry.
Ouma, Miller, Cooper and the city of Charleston are all represented by Michael D. Mullins of Steptoe & Johnson in Charleston.
U.S. District Court for the Southern District of West Virginia Case number: 2:19-cv-00757
