CHARLESTON – A man is suing Logan County Commission after he claims excessive forced was used on him and caused him injuries, including a 17-day coma.
Robert Johnson was also named as a defendant in the suit.
On Aug. 18, 2016, Mark E. Messer was involved in an argument with another individual in Mud Fork and law enforcement was called, resulting in the arrival of Johnson to the scene of the altercation, according to a complaint filed April 3 in U.S. District Court for the Southern District of West Virginia.
Messer, who was 55 at the time, claims he was disabled from numerous health ailments, including diabetes and an inability to maintain an appropriate amount of blood platelets and, as a result, was weak and frail.
When Johnson arrived on the scene, he handcuffed the plaintiff, and the handcuffs were done extremely tight, according to the suit. The plaintiff’s sister, Katrina Seabolt, asked the officer to not make the handcuffs too tight due to the fact that the plaintiff was diabetic, however, Johnson ignored the request.
Messer claims when he was being taken toward the police cruiser, he asked Johnson if he worked for the state police or for the county and that Johnson was aggressive toward him and pushed him down toward the ground and purposely slammed his head into the ground as an apparent action in response to his question.
Witnesses present immediately heard the plaintiff’s head and face loudly crack and saw him immediately start bleeding profusely. Messer also was immediately unconscious, and the witnesses complained to Johnson that his conduct was unnecessary and wrong, but Johnson did not respond, according to the suit.
Messer claims Johnson then called for help, including an ambulance and witnesses allegedly heard Johnson also ask that Evans Funeral Home be dispatched.
Johnson left Messer on the ground, but he was eventually propped up against the wheel of the police cruiser by a state police trooper who arrived at the scene, however, he was still unconscious, according to the suit.
Messer claims after the ambulance arrived, he was taken to Logan General Hospital and then transferred to Charleston Area Medical Center, where he remained unconscious and was placed in the Intensive Care Unit, where he remained on life support for 17 days.
A hole was cut into the plaintiff’s skull in order to relieve the swelling in his brain, according to the suit.
Messer claims when he regained consciousness, he was moved to a step-down unit, where he spent another 12 days before he was discharged to home.
The plaintiff could not walk or talk and his vision was severely limited and once he was discharged, he required full-time care to re-learn how to walk and talk, according to the suit.
Messer claims he wasn’t able to bathe himself or care for himself whatsoever and he was forced to undergo extensive medical treatment and rehabilitation. His medical treatment and rehabilitation are still ongoing.
Johnson used excessive force against Messer, who was neither armed nor was resisting arrest at the time that he was tripped and shoved onto the ground, according to the suit.
Messer is seeking compensatory and punitive damages. He is represented by John H. Bryan of John H. Bryan-Attorney at Law.
U.S. District Court for the Southern District of West Virginia case number: 2:18-cv-00524
