CHARLESTON — Kanawha Circuit Judge Kenneth D. Ballard has ordered the plaintiff in a case against the City of Charleston to file a response to a motion by March 10.
J.A.C. must file his response by March 10 to the city's motion to dismiss and the movant has until March 17 to file a reply, according to Ballard's order filed Feb. 21 in Kanawha Circuit Court.
"All parties shall have until March 24, 2023, to file Proposed Orders," the order states. "The Court will not consider any Response, Reply, or Proposed Order that fails to be filed in accordance with the deadlines provided herein."
The city filed its motion to dismiss on Feb. 13.
"Come now, the defendants...pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure and hereby move to dismiss this matter, with prejudice," the motion states.
The city is represented by Michael D. Mullins of Steptoe & Johnson in Charleston.
The lawsuit lists unknown Charleston police officers, the city of Charleston and C.C.L. as defendants.
J.A.C. claims he was wrongfully arrested and incarcerated at South Central Regional Jail in 2020 after his younger brother broke into an Exxon One Stop and stole cigarettes and other items on Oct. 10, 2020.
J.A.C. claims he was completely unaware and had no involvement whatsoever in his brother's criminal activity but five days later, a Charleston police officer encountered W.G.C. — J.A.C.'s brother — and another individual, C.T., in Charleston and stopped them and fond 12 packs of cigarettes and 15 packs of cigars.
A criminal complaint was then filed against J.A.C. and on Oct. 26, 2020, the case was dismissed in magistrate court because no witnesses appeared to testify at the trial.
In May 2021, a Grant Jury returned an indictment on J.A.C .for breaking and entering and petit larceny and the defendant, C.C.L. did not check and make sure the proper individual was presented for indictment and J.A.C. was arrested on Sept. 30, 2021, according to the suit.
J.A.C. claims the charges were false and the defendant did not follow proper policies and procedures to ensure the arrest was proper.
The defendants ignored J.A.C. telling them they needed to look into the case because he wasn't the right guy. The court system ultimately found out about J.A.C.'s unlawful arrest and ordered his release and the charges dismissed.
J.A.C. claims the defendants violated the state's constitution and were negligent.
J.A.C. is seeking compensatory and punitive damages. He is represented by Troy N. Giatras and Matthew Stonestreet of The Giatras Law Firm in Charleston.
Kanawha Circuit Court case number: 22-C-816
