Delbarton man says State Police unlawfully detained him

CHARLESTON -- A Delbarton man is suing the West Virginia State Police after he claims he was unlawfully detained, arrested and physically battered and assaulted by three troopers.

Colonel Timothy Pack and Troopers McClung, Boggs and Wellman were also named as defendants in the suit.

On March 15, 2009, James Justice was unlawfully arrested by the three troopers outside of Tops Bar in Logan County, while he was waiting on a ride to take him home, according to a complaint filed March 10 in Kanawha Circuit Court.

Justice claims at the time he was in a "slightly impaired state," and the troopers demonstrated excessive force while handcuffing and transporting him, despite his failure to resist arrest, causing injuries to his wrists, hands and arms.

Upon arrival at the police detachment facility, McClung and Boggs escorted Justice into the building and pushed him "to the ground and onto his face on at least three occasions, causing injuries," according to the suit.

Justice claims the troopers continued to swear at him and berate him, then following the "brutal assault and battery, one trooper told Mr. Justice that 'nothing happened' and threatened Mr. Justice not to report the incident."

As a result of the assault, battery and attack, Justice suffered multiple lacerations and abrasions, and has been impacted in his ability and willingness to even travel into or through Logan County, according to the suit.

Justice claims he rarely leaves his house now due to fear of being encountered by the trooper and/or officers who are assigned to and meant to protect citizens of the state.

Justice is seeking compensatory damages. He is being represented by Michael S. Bailey.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-396