Man says Kenova police violated his rights

By Kelly Holleran | Jan 26, 2010

HUNTINGTON –- A man has filed a lawsuit against the Kenova Police Department and two of its officers, saying they denied him his right to be free of unreasonable search after they arrested him on the belief that he had robbed a Kenova business.

Kevin Shannon claims Kenova police officers M.P. Clark and B. Willis arrested him after receiving a report of an armed robbery at Miss Daisy's located on Oak and 21st Street in Kenova at about 3:06 p.m.

Before Shannon's arrest, the officers arrived at Miss Daisy's where co-defendant Terri Smith described the robbery suspect as a 35-year-old male with a clean hair cut who was wearing blue jeans and a navy shirt, according to the complaint filed Nov. 13 in U.S. District Court.

Smith told the officers the robbery occurred as she was closing up. A man approached her and told her he left his cell phone and the store, then asked if he could enter the store to retrieve it, the suit states.

"Terri Smith opened the door and the suspect showed an all black handgun and demanded all the money," the suit states. "The suspect left Miss Daisy's with at least $777 in cash."

Smith told officers the robber left the store on foot and appeared to be walking toward James Town Apartments, according to the complaint.
After leaving the store, the officers found Shannon, who was wearing blue jeans and a navy shirt, the complaint says.

Shannon willingly returned to Miss Daisy's with the officers where Smith positively identified him as the robber, he claims.

Officers arrested Shannon at 3:50 p.m. and placed him in the Western Regional Jail, where he was held for six days, according to the complaint.

However, on Aug. 18 the Wayne County Magistrate Court dismissed the case on the grounds that there was insufficient evidence to maintain the charges against Shannon, the suit states.

In the seven-count suit, Shannon claims the officers denied his right to freedom from seizure of a person without probable cause and denied his right to due process of law.

Because of Smith's actions, Shannon claims he was wrongly detained and falsely imprisoned.

Also named as a defendant in the suit is Shiral McKeand, who owned Miss Daisy's and who had a duty to properly supervise Smith, the suit states.

Shannon seeks an unspecified judgment, plus punitive damages, attorney's fees, costs and other relief the court deems just.

Sebastian M. Joy of Curtis Legal Services in Ashland will be representing him.

U.S. District Court case number: 3:09-1241

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