Woman charges police brutality

by John O'Brien |
Oct. 19, 2006, 5:41am

MARTINSBURG - A Berkeley County woman says a Martinsburg city policeman broke her arm in several places and called her a "bitch" during an unlawful arrest.

Stacy Lynn filed suit Oct. 2 in Berkeley Circuit Court against the Martinsburg City Police Department and Officer Eric Neely.

Lynn, 25, alleges that she was shopping Jan. 19 in Wal-Mart with her husband when she was approached by Neely and Wal-art's loss prevention officer.

When Lynn asked why, she says she was not told. Eventually, "Without warning or reasonable justification, Defendant Neely, in an aggressive and confrontational manner, screamed at Plaintiff, calling her a 'bitch,'" the complaint says.

Then the complaint says Neely violently grabbed her arm, twisted it and slammed her to the ground, breaking her arm.

"Despite Plaintiff's repeated complaints that her arm was broken and obvious suffering from the severe and substantial pain, Defendant Neely continued to twist Plaintiff's arm and proceeded to handcuff Plaintiff," the complaint says.

Lynn says she was transported from the scene in an ambulance and charges the defendants with unlawful arrest, excessive force, unlawful retaliation, battery and outrage.

She seeks compensatory and punitive damages and is represented by Gregory Bailey of Shepherdstown firm Arnold, Cesare and Bailey.

Judge David Sanders has been assigned the case.

Berkeley Circuit Court case number 06-C-718

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