MOUNDSVILLE – Two West Virginia residents are suing a deputy sheriff and the Marshall County Commission after they claim they were illegally arrested.
Joseph Earl Wagner and his daughter, Meloni Quigley, filed a lawsuit June 5 in Marshall Circuit Court against Deputy Sean P. Montz and Marshall County Commission, alleging negligent hiring and retention/supervision, negligence, and violation of due process.
On Aug. 30, 2014, Quigley, her husband, and Wagner were driving to the Marshall County Sheriff's Department to file a complaint against John Miller, who had threatened to shoot Quigley and her children and burn down their house, the suit states.
On the way, they saw Montz was already in front of Miller's home, so they stopped the vehicle and Quigley's husband got out to speak with Montz about filing a report against Miller.
Quigley's husband and Miller got into a verbal confrontation, after which Montz, whom the suit states is a friend of Miller, required Quigley and Wagner to exit the vehicle and then conducted a search without probable cause, the suit claims.
According to the complaint, Montz seized Wagner's .357-caliber Magnum, cellphone, and concealed carry permit, then wrongfully arrested Wagner and Quigley without apprising them of any alleged charges. Wagner and Quigley were held in jail after the allegedly illegal arrest, then were released without arraignment and without requiring bond.
On Sept. 9, 2014, Wagner was charged for conspiracy to commit assault.
The plaintiffs seek a judgment in an amount to be proven at trial, including interest, costs and attorney fees.
They are represented by attorney Paul J. Harris in Wheeling. The case has been assigned to Circuit Judge Mark Karl.
Marshall Circuit Court case number 15-C-104
