Malpractice case against attorney dismissed

By The West Virginia Record | May 18, 2011

HUNTINGTON -– A dismissal order was issued for a lawsuit involving a Federal Correctional Institution Ashland inmate who accused his former attorney of fraud, attorney deceit and attorney malpractice.

Thomas Stamper, who formerly was an inmate at FCI Gilmer in Glenville, claimed the attorney appointed to represent him during a February 2007 lawsuit 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, 2009, in Cabell Circuit Court.

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

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

Stamper claimed he 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.

On Dec. 22, 2009, Kelley asked the court to dismiss the complaint, claiming Stamper failed to allege any specific factual pleading of fraud, just accusations that Kelley was a government spy, according to Kelley's Motion to Dismiss on the Pleadings.

An Order for Dismissal was issued on March 22, 2010, stating that Stamper's complaint "fails to allege any specific factual pleading of fraud," according to the order.

Stamper responded to the Motion to Dismiss, claiming he did give factual evidence of fraud and that Kelley failed to deny or raise a defense, objection or request dismissal of the claims of breach of fiduciary duty, attorney deceit and attorney legal malpractice.

On April 26, 2010, Circuit Judge F. Jane Hustead issued a dismissal order, stating that the court reviewed the matter pursuant to the objection to the dismissal order, but that it was dismissing all pleadings "once more and finds that the plaintiff's objections to said order of dismissal have no merit."

Cabell Circuit Court case number: 09-C-943

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