West Virginia Record

Thursday, December 5, 2019

Prison inmate accuses correctional facility of assault

By Noddy A. Fernandez | May 25, 2018

General court 09

CHARLESTON — A prison inmate is suing a correctional facility and officers, alleging assault and intentional infliction of emotional distress.

Farrell G. Kelly filed a complaint April 20 in the Kanawha Circuit Court against West Virginia Regional Jail Correctional Facility Authority, correctional officers Barrett, Graham, Dillard, Wood, Miller, Channel and John/Jane Doe, alleging the defendants violated an inmate's right to be free from excessive physical force in violation of the 14th Amendment to the U.S. of Constitution.

According to the complaint, on March 24, 2016, Kelly was in his cell at Tygart Valley Regional Jail when the defendants told him to "cuff up." Kelly says he complied with the order and, while handcuffed, the defendants entered his cell and accosted and used excessive force against him. As a result, Kelly alleges he suffered bruising, abrasions, an injury to his back, mental distress and loss of personal dignity. 

The plaintiff alleges the defendants used verbal threats of violence, and physically assaulted an inmate while acting within the scope of their employment and apparent authority and when Kelly posed no threat or harm.

Kelly seeks trial by jury, damages, court costs, pre-and post-judgment interest, attorney fees and expenses. He is represented by attorney Paul M. Stroebel of Stroebel & Johnson PLLC in Charleston.

Kanawha Circuit Court case number 18-C-371

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Organizations in this Story

Stroebel & Johnson, PLLCKanawha Circuit Court