HUNTINGTON -- A Fayette County man is suing the City of Barboursville for negligence and excessive force.

B.A. Butler, a patrolman for the Barboursville Police Department, and B.D. Vickers, a corporal of the Barboursville Police Department, were also named as defendants in the suit.

On Nov. 6, 2009, Carl B. Cox, his daughter and his son were proceeding to the Holiday Inn Express in Barboursville with Cox's daughter driving the vehicle, according to a complaint filed Nov. 3 in Cabell Circuit Court.

Cox claims his daughter was obeying all traffic laws, was not speeding or weaving and all of the equipment on the vehicle was working properly.

While they were stopped at a red light, Cox noticed police lights behind the vehicle, according to the suit.

Cox claims without explanation or reasonable suspicion to stop the vehicle, the officers began shouting for Cox's daughter to throw her keys onto the ground, which upset Cox because there was no suspicion that a crime had occurred and no explanation as to why they were being shouted at.

The officers used excessive force and subdued Cox by unnecessary chemical spray directly into his face, according to the suit.

Cox claims the defendants used excessive force after he was handcuffed, which resulted in a severely broken arm and serious injuries to his back.

The City of Barboursville also failed to train and supervise law enforcement officers, according to the suit.

Cox is seeking compensatory damages. He is being represented by Barry L. Bruce.

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

Cabell Circuit Court case number: 11-C-822

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