CHARLESTON - A Kanawha County man has filed a suit against the Charleston Police Department, claiming he was attacked by a man the department had twice investigated and not charged for attacks against him on the same day.

Robert Allison filed a suit Oct. 27 in Kanawha Circuit Court against the police department and the City of Charleston, as well as officers Raymond H. Coleman and E.L. Hodges. Fredric Martin, the man who allegedly attacked Allison, is also named as a defendant.

According to the suit, Allison was riding his bike Nov. 22, 2006, down Washington Street East in Charleston. As he was riding in front of the Bluegrass Kitchen, Martin exited and allegedly shoved Allison and his bicycle into the street.

Allison claims he landed in traffic and was injured. According to the suit, police were called and Hodges and Coleman responded to the scene.

However, after collecting information and evidence, they took no action to further investigate "the violent assault and battery" of Allison, the suit says.

Later that day, while Allison was in the Red Carpet Lounge, he claims Martin entered and tried to instigate a fight.

A call was placed to 911 and Hodges and Coleman arrived on the scene. According to the suit, they again investigated and again took no action to apprehend Martin.

According to the suit, Allison stayed at the Red Carpet Lounge until 1 a.m., when he got on his bike to ride home.

"As Robert Allison was getting close to his home, he was viciously attacked by someone who jumped out into the street from between two parked cars," the suit says.

Allison claims the man was Martin, who began to violently kick and hit Allison.

According to the suit, a neighbor heard the attack and called 911. Police arrived on the scene and found Allison lying in the street.

Allison claims he suffered a fractured hip, which required him to be hospitalized and undergo surgical repair.

Allison claims he has endured pain and suffering, mental anguish and emotional distress, annoyance and inconvenience and the loss of ability to enjoy life.

Attorney Cynthia M. Ranson is representing Allison. The case has been assigned to Judge Paul Zakaib.

Kanawha Circuit Court case number 08-C-2105

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