WHEELING – A Brooke County man says a Follanbee police officer arrested him on false pretenses, injuring him through the use of excessive force.
Aaron Robert Mossgrove filed a lawsuit March 28 in U.S. District Court for the Wheeling Division of the Northern District of West Virginia against Steve Falbo, individually and as an employee of the city of Follansbee, and the city of Follansbee, alleging unlawful arrest, use of excessive force, intentional infliction of emotional distress, battery and negligence.
According to the complaint, at 10 p.m. on March 28, 2014 Falbo approached Mussgrove and a female companion who were both seated in a car in the parking lot of the plaintiff’s apartment building, and accused them of engaging in sexual activity. When Mussgrove denied the allegation, the suit says Falbo became enraged, dragging him from the vehicle where he allegedly choked Mussgrove and caused him to strike his head on another car. Mussgrove, later acquitted of the charges of disorderly conduct and obstructing an officer, claims the city of Follansbee knowingly hired Falbo, despite his alleged history of excessive use of force.
Mossgrove seeks a jury trial, exemplary and compensatory damages, and litigation costs. He is represented by attorney Robert G. McCoid of McCamic, Sacco & McCoid PLLC in Wheeling.
U.S. District Court for the Northern District of West Virginia Case number 5:16-cv-00040-JPB