CHARLESTON – A Wayne County man alleges he suffered a broken neck because of an excessive use of force by West Virginia State Police officers.
Jason Wells filed a complaint in Kanawha Circuit Court against West Virginia State Police, Senior Trooper S. C. Smith, Trooper D. P. Curry, Deputy M. Terry, et al. alleging personal injury, negligence and other counts.
According to the complaint, the plaintiff alleges that on Aug. 12, 2016, he had a disagreement with individuals that lived near him and left their property. The suit states those individuals called the police to report the exchange and Smith, Curry and Terry arrived at the property where Wells went after the exchange.
The plaintiff alleges that after complying with the defendants' requests to voluntarily come outside of a residence, Smith, Curry and Terry used excessive force and took him into custody. He alleges he suffered a broken neck and a gash on his head.
The plaintiff holds Smith, Curry, Terry, et al. responsible because the defendants allegedly failed to follow adopted and implement policies and procedures with regard to the use of force.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, plus interest, costs, attorneys' fees, and any further relief as the court may deem just and proper. He is represented by Michael A. Olivio of Olivio Law Firm PLLC in Charleston and Robert V. Berthold Jr. and Robert V. Berthold III of Berthold Law Firm PLLC in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 18-C-113