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Sunday, May 5, 2024

Attorney, paralegal sue state for intimidation, refusal to return property

Attorneys & Judges
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CHARLESTON — Three lawsuits have been filed against the state alleging that after a Mingo County law office was broken into, sheriff's deputies intimidated the plaintiffs and would not return property.

Amanda Goff, a paralegal, and Robert Carlton, an attorney, filed the lawsuits against the state, former Mingo County Sheriff James Smith; current Mingo Sheriff Joe Smith, Mingo Sheriff's Cpls. Norman Mines and Allen Mounts; the West Virginia State Police, State Police Troopers Dustin Contos and Cory Maynard; and Samantha Sexton, John Mayhew and Nikki Short.

The plaintiffs claim on Aug. 26, 2020, Sexton and two accomplices broke into Carlton's law office and stole several computers and contained case files, client files, videos and tax returns. The individuals also ransacked the office and broke furniture.

The Mingo Sheriff's Department received notification that the individuals who accompanied Sexton were Mayhew and Short and later found the laptops at Sexton's residence. The department, however, never returned the laptops, despite the county's prosecuting attorney directing the department to return the laptops several times.

The department did, however, agree to a request to allow recovery of the information on the computers and Goff went to the department to obtain the files on the computers, however, when she arrived, the deputies claimed to see videos of her on the computer and took her into a private basement where deputies pressured her to change her story regarding the actions in the video.

Goff claims she was subjected to intimidation and physical contact by the department employees and scared her.

The plaintiffs claim the activities by the sheriff's department and state police were outside the scope of criminal law.

The plaintiffs are seeking damages for destruction of property, theft of property, damages for being detained and abused, damages for emotional distress and physical and mental and emotional strain and distress, damages to the law office. Carlton is representing them.

Kanawha Circuit Court case numbers: 21-C-717, 718 and Mingo Circuit Court case number: 21-C-84

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