CHARLESTON – An inmate at Mount Olive Correction Facility alleges he was injured by corrections officers.

Frank Smith filed a complaint Nov. 2 in Kanawha Circuit Court against West Virginia Department of Corrections, Jim Rubenstein, David Ballard, Sgt. David Miller, Sgt. Legg, Cpt. Clifford and C.O. Rhodes and John Doe,   alleging assault and battery and other counts.

According to the complaint, on Nov. 13, 2014, Smith was an inmate at the Mount Olive Correctional Facility and was harassed, assaulted and battered by the officers, resulting in injuries. He also alleges he sustained pain and suffering, mental anguish, embarrassment and humiliation.

Smith alleges the West Virginia Department of Corrections failed to properly train and supervise its employees and the officers used excessive force against him and cruel and usual punishment.

Smith seeks trial by jury, all damages, attorney fees and related court costs, plus other relief. He is represented by attorneys Travis E. Ellison III of Law Offices of Travis E. Ellison PLLC and Kevin P. Davis, both in Charleston. The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court Case number 16-c-1677




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