Man sues state for battery by trooper

CHARLESTON -- A McDowell County man is suing the state of West Virginia after he claims he was battered by a state trooper.

On March 28, 2008, Trooper C.N. Workman was searching for Clarence Hill, Richard Lee Hill's brother, who had escaped the attempted arrest and apprehension by McDowell County Sheriff's Deputy Lyle Noe, according to a complaint filed April 28 in Kanawha Circuit Court.

Richard Lee Hill claims Workman encountered him in the town of Keystone and began to effect the arrest on him.

While Workman was effecting the arrest, witnesses advised him that he was apprehending the wrong person, but despite this, he continued the arrest and in the process, inflicted significant facial and wrist injuries to Richard Lee Hill, according to the suit.

Richard Lee Hill claims the injuries were inflicted through the use of excessive force by Workman and as a result of the excessive force, he suffered bodily injury, hospitalization and pain and suffering.

The State of West Virginia is liable for the conduct of its employees, according to the suit.

Richard Lee Hill is seeking compensatory and punitive damages. He is being represented by James J. Palmer III.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 10-C-785