CHARLESTON – A man is suing a police officer and the City of Charleston for wrongfully arresting him.

On April 15, David Payne obtained a criminal warrant for a worthless check against Zachary Brevard and, executed the warrant on April 18 at Brevard's place of employment, the Mardi Gras Casino & Resort in Nitro, according to a complaint filed Dec. 29 in Kanawha Circuit Court.

Brevard claims Payne was a Charleston police officer and that Mardi Gras Casino & Resort was outside of his jurisdiction.

The charges were dismissed on June 26, according to the suit.

Brevard claims the defendants violated the West Virginia Constitution and the U.S. Constitution.

The defendants' actions were done in bad faith and were done maliciously and in violation of clearly established law or in a wanton or reckless manner or were negligent.

Brevard claims as a result of the defendants' actions, he sustained mental and emotional damages; incurred unnecessary legal expenses; suffered embarrassment, humiliation, annoyance, inconvenience, deprivation of liberty; and otherwise suffered.

The defendants were negligent and their outrageous conduct was an intentional infliction of emotional distress, according to the suit.

Brevard is seeking compensatory and punitive damages. He is being represented by Michael T. Clifford and Richelle K. Garlow.

The case is assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 14-C-2239

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