Inmate sues former attorney for fraud, malpractice

By Kyla Asbury | Dec 31, 2009

HUNTINGTON -- A man is suing an attorney for fraud, attorney deceit and attorney malpractice, among other things.

Thomas Stamper, an inmate at FCI Gilmer in Glenville, claims the attorney appointed to represent him during a lawsuit in February 2007 committed numerous acts of fraud, fraudulent concealment, breach of fiduciary duty, attorney deceit, intentional professional misconduct and attorney malpractice, according to a complaint filed Dec. 2 in Cabell Circuit Court.

Stamper claims Dennis E. Kelley told him during their first visit together that there was nothing he could do but cooperate and plead guilty and accept the punishment of the court.

According to the suit, Stamper asked Kelley why it did not make a difference that there was no real evidence against him and that all evidence had been found in someone's house in which he did not live. Stamper claims he was innocent and did not want to plead guilty to a crime he did not commit.

Stamper claims he has suffered defamation of reputation, family name and character; illegal confinement; intentional infliction of emotional distress; mental anguish; loss of wages; loss of property; loss of employment; and psychological abuse because of Kelley.

Stamper is suing for $15 million in damages for intentional infliction of emotional distress and mental anguish; and $5 million in damages for injuries, loses and suffering.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 09-C-943

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