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WEST VIRGINIA RECORD

Friday, April 26, 2024

Cabell man says correctional officers beat him

Westernjail

HUNTINGTON -- A Cabell County man is suing a jail and several of its correctional officers after they allegedly beat him and other prisoners on numerous occasions.

Daniel Payne filed the lawsuit Feb. 4 in Cabell Circuit Court against West Virginia Regional Jail and Correctional Facility Authority, correction officers Harshbarger, Burlin, Blankenship, Stevens, Evans, Owens, Parks and other unidentified officers, citing negligent supervision, training, failure to train, negligent hiring, negligent retention, respondeat superior, failure to provide a safe facility, conspiracy and intentional infliction of emotional distress.

The lawsuit states Payne was booked at the Western Regional Jail on Oct. 20, 2012, when correctional officers entered his cell and pepper sprayed and beat him, some of which while he was in restraints.

A similar incident occurred Oct. 26, 2012, when ended with Payne being placed handcuffed and placed in the rain with only pants on, according to the complaint.

The complaint states the jail never filed a document of the incidents and it has had a continued practice of abuse upon prisoners among 15 jailers for the past three years. Payne sustained injuries in the two incidents that required hospital treatment, the complaint said.

Payne is seeking a jury trial, consequential and punitive damages, court costs and other relief the court deems proper.

He is being represented by Paul E. Biser of Fredeking & Fredeking Law Offices LC. The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court Case No. 14-C-129

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