CHARLESTON — A man is suing the West Virginia Division of Corrections and Rehabilitation claiming he was injured by a correctional officer.
Sgt. Cole Croghan was also named as a defendant in the suit.
Joshua Short was an inmate at Northern Correctional Center and was locked in his cell lying on his bunk on Sept. 17, 2020, when Croghan and two other correctional officers came to his cell because they thought he was intoxicated, according to a complaint initially filed in Kanawha Circuit Court before being removed to U.S. District Court for the Southern District of West Virginia.
Croghan opened the cell door and ordered Short to "cuff up" and he stood up, but lost his balance and began to fall when Croghan shot him with a taser without warning, according to the suit.
"After Plaintiff was shot with the taser he fell to the ground and struck his knee," the complaint states. "Plaintiff was not a danger to himself or others at the time he was tased. Plaintiff was not given any meaningful warning or order prior to him being tased by Defendant Croghan."
Short claims he suffered serious physical injury, has scarring form where the prongs struck him and he has suffered from a serious knee issue.
The defendant's conduct violated DOC's policy and procedures and the plaintiff's right to be free from excessive physical force in violation of the Eighth Amendment to the U.S. Constitution.
"At no time was plaintiff a threat to the defendant and at no time did plaintiff threaten the defendant," the complaint states.
Croghan's conduct was carried out without just cause and was outrageous and intentional, proximately causing the plaintiff to suffer severe bodily injury.
The defendant's actions caused Short to suffer severe mental anguish, embarrassment, humiliation and physical injury and has otherwise been greatly damaged through the defendants' violations, according to the suit.
Short is seeking compensatory and punitive damages. He is represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00589
