Randolph man sues Taylor Co. police for civil rights violations

By Lawrence Smith | Aug 29, 2012


ELKINS – A Randolph County man is accusing police in Taylor County of brutalizing him.

The city of Grafton and the Taylor County Sheriff's Department are named as co-defendants in a civil rights suit filed by Anthony Silvester III in U.S. District Court. In his complaint, Silvester, 33, of Elkins, alleges Grafton Police Sgt. James I. Davis, and Deputy Keith Haddox unlawfully beat him two years ago.

Davis and Haddox are named as co-defendants in the suit.

The suit does not provide many details of Silvester's encounter with Davis and Haddox except it occurred on Aug. 27, 2010. Also, the suit maintains that Davis' and Haddox's actions, among other things, violated Silvester's Eighth Amendment rights, and he is now residing in Beckley participating in a work-release program.

According to the state Division of Corrections' Web site, Silvester was originally charged in 2010 on two counts of forgery and uttering, and later in 2011 on one count of fleeing from an officer in a vehicle. He was sentenced on March 9, 2011, and is slated to be discharged on April 11, 2018.

Nevertheless, as a result of them beating him, Silvester alleges he's suffered not only medical expenses, but also "permanent impairment, pain and suffering, annoyance and inconvenience and emotional distress. Along with ones for civil rights violations, Silvester makes claims for assault and battery and intentional infliction of emotional distress.

Silvester seeks unspecified damages. He is represented by Beckley attorney David A. Kirkpatrick.

The case is assigned to Judge Irene M. Keeley.

U.S. District Court for the Northern District of West Virginia, case number 12-cv-136

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