BLUEFIELD — A former prisoner is suing McDowell County Commission and several officers alleging that he was subjected to cruel and unusual punishment while he was incarcerated at the Stevens Correctional Center.
Sgt. Aaron Cantrell, C.O. Jeremy Davis and C.O. Andrew Frazier were also named as defendants in the suit, as well as unknown and unnamed officers.
William Ballenger claims he was subjected to excessive force and was assaulted and battered on June 21, 2019, while in custody, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Ballenger claims Davis became upset for an unknown reason and began to yell at him to get against eh cage and put his hands on his head. He was then told to get on his knees, but he was handcuffed, so as he attempted to get down. he was knocked onto his chest by the defendants via a leg sweep and then Cantrell placed his knee on his throat and told him to "shut up."
The plaintiff suffered from cuts, bruises and swelling to his legs, head, wrists and ankles after the incident. He also suffered permanent injuries to his knee and his hip and has had permanent pain and loss of use of his leg.
Ballenger is seeking compensatory and punitive damages. He is represented by Paul M. Stroebel of Stroebel & Stroebel.
U.S. District Court for the Southern District of West Virginia case number: 1:21-cv-00173
