Steve Johnson was also named as a defendant in the suit.
On Aug. 9, 2014, Joann T. Reese was caring for her now deceased husband at their family home in Marmet and her husband was complaining that he was short of breath and called for help by hitting a help device, according to a complaint filed Aug. 5 in Kanawha Circuit Court and removed to federal court on Feb. 3.
Reese claims subsequent to the time that she called for help, her husband advised her that he was fine and, later, a team of paramedics from Kanawha County Emergency Ambulance Authority arrived.
Johnson, who was acting in the scope of his authority as a police officer for the City of Marmet, also arrived at Reese’s residence, according to the suit.
Reese claims when Johnson and the paramedics arrived, she informed them that her husband was fine and that they did not require medical assistance.
Despite this information, Johnson forcibly entered Reese’s residence and forcibly removed her husband on a stretch sheet and carried him from the home against his will, wishes and desires, according to the suit.
Reese claims she verbally objected to the removal of her husband and Johnson proceeded to grab her arms and wrists, bruising her, and kneed her in the back, causing more bruises.
Johnson’s actions were unjustified under the circumstances that Reese was 85 years old at the time, according to the suit.
Reese is seeking compensatory damages. She is being represented by Patrick L. Cottrell
The defendants are represented by Duane J. Ruggier II and Drannon L. Adkins of Pullin, Fowler, Flanagan, Brown & Poe.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-01182