Charleston officer says Huntington P.D. violated his civil rights

HUNTINGTON –A ranking Charleston police officer filed a federal complaint against a local police department and one of its officers, alleging civil rights violations.

Steven Matthew Webb, a Charleston Police Department corporal, filed a lawsuit May 30 in the United States District Court for the Southern District of West Virginia against the City of Huntington and Officer Richard Kern, citing illegal imprisonment and assault and battery. He cites the city with negligent hiring, negligent retention and negligent supervision.

“Corporal Webb was simply watching HPD officers perform a traffic stop and was prepared to offer backup if needed. Instead, he was treated as a criminal and had his civil rights violated by patrolman Richard Kern,” the complaint states.

The lawsuit states Webb was walking in downtown Huntington with several friends June 2, 2012, when he saw a traffic stop. The group stopped to watch in case their assistance was needed on the scene “and provide assistance to a brother police officer if needed,” the lawsuit states. Kern approached Webb, who said he had helped Huntington police before, and made a vulgar comment.

“Before, Corporal Webb could react to Kern’s unlawful command to leave the area, Kern maced Mr. Webb with his pepper spray,” the complaint states. Webb says he asked Kern “what in the world he was doing.”

Webb, who lives in Cabell County and has been a Charleston officer for 15 years, identified himself and attempted to show Kern his badge, but Kern yelled and other officers jumped Webb, knocking him to the pavement, with Kern punching him in the head, according to the complaint.

“You’re going to badge me? You’re going to badge me? You’re not a police officer any longer!” Kern yelled at Webb, according to the complaint.

“Before he realized what had happened, the gang of officers slammed Corporal Webb to the pavement smashing his face into the concrete causing a bleeding wound,” the complaint states. “Patrolman Richard Kern also punched Corporal Webb in the head with a closed fist during this altercation.”

Webb was taken to a holding cell and later released, the complaint states. Kern later apologized to another ranking Charleston officer at a Fraternal Order of Police convention, claiming he had “blacked out” during the incident.

The complaint also says that several months later, Webb was pulled over by police in Huntington on DUI charges. After 15 minutes, Kern arrived at the scene and arrested Webb, who was found not guilty during a trial.

Webb accuses the Huntington Police Department of engaging “in a pattern and practice of civil rights violations and retaliates against those that watch them perform their job functions.”

He says HPD hides its transgressions “through a systematic plan of citizen intimidation, censorship and secrecy.”

Webb is seeking damages that cover past, present and future medical expenses and lost wages, pain and suffering, loss of enjoyment of life, annoyance, aggravation and psychological distress, court costs and another other relief the court deems fair. He also seeks punitive damages. He is being represented by Huntington attorneys Richard Weston and Courtenay Craig.

United States District Court for the Southern District of West Virginia Case No. 3:14-CV-17321