Man sues Cabell County Commission, alleges unlawful imprisonment

By Kyla Asbury | Jan 15, 2013

HUNTINGTON – A man is suing the Cabell County Commission after he claims it caused him to be subjected to imprisonment without the lawful authority to do so.

On Sept. 10, 2005, Thomas S. Talbert was arrested and charged with Felony Third Offense Driving Under the Influence of Alcohol and was subsequently convicted of the offense, according to a complaint filed Jan. 4 in Cabell Circuit Court.

Talbert claims at the time of the 2005 offense and conviction, the two alleged prior convictions had been dismissed due to violations of his right to a speedy trial. However, Talbert had already served more than 10 years in prison before they were dismissed, he says.

The 2005 conviction was later dismissed due to invalid prior convictions, according to the suit.

Talbert claims the defendant caused him to be subjected to imprisonment without the lawful authority to do so.

The defendant’s actions caused Talbert’s child, T.M.T., to suffer damages, including having to grow up without the benefit of having his father present, according to the suit.

Talbert claims his cause of action arises due to clerical errors in the Cabell County Circuit Clerk’s office and is viable under the West Virginia Governmental Tort Claims and Insurance Reform Act.

Because the clerks are employees of the Cabell County Commission, the Commission is liable for the clerks’ negligence, according to the suit.

Talbert claims he suffered a loss of his freedom, loss of familial relations and loss of certain education for employment purposes.

Talbert is seeking judgment for the damages that a jury finds he is entitled to have. He is representing himself.

Cabell Circuit Court case number: 13-C-10

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