CHARLESTON – A Raleigh County woman is seeking an injunction against the West Virginia State Police Department to prevent them from selling her car.
Amanda Williams filed suit in Kanawha Circuit Court on Sept. 11 against West Virginia State Police, Col. C.R. Smithers, Major T.D. Bradley and Trooper M.W. Price, citing a violation of the West Virginia Contraband Forfeiture Act.
According to the complaint, on Sept. 24, 2014, Williams was contacted by Price about a 2005 Mercedes Benz that she owns. She was told that if she signed a settlement and disclaimer agreement and signed the title over to the defendant, a second car would not be seized, the complaint states. The Mercedes was seized more than 90 days prior to the date of the filing as the result of a criminal act allegedly committed by her husband, according to the complaint.
The plaintiff alleges that her husband improperly assigned the car to the police as part of a settlement agreement, but that the vehicle belongs to her and should not be seized and sold until a hearing is conducted.
The plaintiff is seeking the return of her car and unspecified damages. She is represented by Robert B. Kuenzel of Kuenzel & Associates in Chapmanville and Gerald C. Hayden of Hayden and Associates in Beckley. The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number 15-C-1708