WEST VIRGINIA RECORD

HUNTINGTON - A Huntington man says he was beaten after police confronted him while he was fixing the dome light in his car.

David Tayman Jr. is suing the City of Huntington and police officer John Franklin in Cabell Circuit Court over an alleged incident that took place in September 2004.

The lawsuit was filed Sept. 19.

Tayman says that in the early morning hours of Sept. 23, 2004, he left his job at Wendy's restaurant in Barboursville and drove to Oney Ave. in Huntington to stay with a friend whose father had been sent to Iraq.

While parked outside the house, he says he noticed his dome light needed repair. While fixing it, he says he was he was approached by police officers, including Franklin.

Tayman claims the officers woke up those inside the house and demanded to speak with the owner, then told Tayman he could not be on the street.

"The plaintiff stated that this was a nice dictatorship we lived in when you can't work on your car when you want to or words of similar import," the complaint says.

"The plaintiff then asked Huntington police officer John Franklin for his name, badge number and how he could get in touch with his supervisor. Officer Franklin became irate, rushed the plaintiff and violently threw the plaintiff on the ground."

Tayman says he is a hemophiliac and Franklin ignored his notification of such while punching and kicking him. He adds that he was placed under arrest for assault of a police officer, and that the charge was dismissed in February.

Tayman says he has received treatment for his injuries at Cabell Huntington Hospital and Charleston Area Medical Center.

He alleges that the City of Huntington has failed to adequately train its police officers, and that he has suffered emotional distress, embarrassment, humiliation and damage to his reputation.

Also, Tayman claims his capacities to earn money and enjoy life have been impaired and seeks compensatory and punitive damages.

"The defendant's outrageous and intentional conduct caused harm and severe emotional distress, fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, nausea and physical distress and injury to the plaintiff," the complaint says.

Huntington attorney Dwight Staples of Henderson, Henderson and Staples is representing Tayman.

Judge David Pancake has been assigned the case.

Cabell Circuit Court case number 06-C-685