Vehicle owner accuses Huntington police of improper seizure

By Noddy A. Fernandez | Feb 21, 2017

HUNTINGTON — A vehicle owner is suing Huntington city officials, alleging violation of her civil rights.

Kathryn Cundiff of Cabell County filed a complaint Jan. 30 in Cabell Circuit Court against the city of Huntington, the Huntington Police Department, and the Huntington prosecuting attorney, alleging they improperly seized her vehicle.

According to the complaint, on Oct. 20, 2016, while driving east on Fifth Avenue in Huntington, Cundiff properly proceeded through a green traffic light where pedestrian Billie Lee Turner was jaywalking. The suit says Turner attempted to cross the intersection and was struck by the plaintiff's car. 

The lawsuit states the investigating officer found no fault on Cundiff's part and no criminal charges were filed but her vehicle was seized. As a result, the suit says, Cundiff incurred expenses for a renting a vehicle for three months. 

The plaintiff alleges the defendants failed to honor Cundiff's right to get her seized property returned.

Cundiff seeks trial by jury, general relief including the release of her vehicle, reimbursement of fees and expenses, attorney fees and all other proper relief. She is represented by attorneys Trevor K. Taylor and William P. Margelis of Taylor Law Office in Morgantown.

Cabell County Circuit Court Case number 17-C-58

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