BLUEFIELD – A black McDowell County man alleges he was beaten by several members of the West Virginia State Police.
Antonio R. Tolliver filed a complaint on Oct. 27 in the U.S. District Court for the Southern District of West Virginia, Bluefield Division against Ralph W. Justus, Christopher S. Kane, Jacob C. Mann and John Doe alleging that they violated the Fourth and 14th Amendments of the U.S. Constitution.
According to the complaint, the plaintiff alleges that on Dec. 1, 2014, he was driving on U.S. 52 when he approached a stopped car in the road, which he safely passed on a double yellow line. He alleges Justus observed the incident and pulled the plaintiff over and asked where the plaintiff had stored drugs. The plaintiff alleges he told Justus he did not have any drugs and gave consent to search the vehicle, and nothing illegal was found.
Tolliver alleges was illegally arrested, beaten, threatened and incarcerated for no legitimate reason by the defendants. As a result, he alleges he has suffered physical pain, facial injuries, dizziness, psychological trauma and has expended monies for medical treatment. The plaintiff holds Justus, Kane, Mann and John Doe responsible because the defendants allegedly recklessly disregarded his rights to be free from infliction of excessive force.
The plaintiff requests a trial by jury and seeks award for compensatory damages in an amount to be determined at trial, punitive damages, attorney's fees and costs and such other relief as the court deems just and proper. He is represented by John H. Bryan in Union.
U.S. District Court for the Southern District of West Virginia, Bluefield Division Case number 1:16-cv-10160