CHARLESTON — A Raleigh County man is suing a variety of defendants, alleging unlawful seizure, battery and malicious prosecution.
Philip J. Tomashek II filed a lawsuit Nov. 17 in Kanawha Circuit Court against Raleigh County Emergency Operating Center, John Zilinski, Jane Doe, dispatcher, the County Commission of Raleigh County et al, alleging violation of the Fourth and Fourteenth Amendments of the U.S. Constitution.
According to the complaint, as a result of defendants' actions and inactions on Nov. 22, 2014, and afterward, Tomashek suffered physical injuries, aggravation, medical and legal expenses, mental anguish, and loss of enjoyment of life.
The plaintiff alleges the defendants subjected him to unlawful use of excessive force, seizure, illegal arrest and detention, deprived him of medical necessities and failed and refused to provide immediate medical attention.
Tomashek seeks trial by jury, compensation for all damages to be determined at trial, attorney fees and court costs, plus all other relief the court deems fair. He is represented by attorneys Marvin W. Masters and Kimberly K. Parmer of The Masters Law Firm LC in Charleston.
Kanawha Circuit Court Case number 16-c-1731
