West Virginia Record

Monday, July 15, 2019

Inmate accuses Roane County correction officials of negligent supervision

Lawsuits

By Philip Gonzales | Jul 5, 2018


CHARLESTON — An inmate is suing Roane County correction officials, alleging negligent supervision led to the plaintiff being beaten.

Brian Smith, by and through his mother Tina Smith, filed a complaint May 18 in U.S. District Court for the Southern District of West Virginia Charleston Division against Roane County Commission, county commissioners and county sheriff officials, alleging they violated the Fourth and 14th amendments to the U.S, Constitution.

According to the complaint, on May 26, 2016, Brian Smith was severely beaten by other inmates in a holding cell at the Roane County Courthouse. Smith, who says he was shackled on the wrists and ankles at the time, allegedly suffered severe bodily injuries including a laceration above his right eye, multiple hematomas to the head, dizziness, blurred vision and neck pain. 

The plaintiff alleges the defendants subjected him to unprovoked, unjustified and excessive use of force by confining him with shackles to the wrist and ankles and by allowing and encouraging other prisoners to brutally attack him.

Brian Smith seeks trial by jury, compensatory and punitive damages, attorney fees, costs and all other damages as provided by law. He is represented by attorneys Guy R. Bucci and Eric Arnold of Hendrickson & Long PLLC in Charleston.

U.S. District Court for the Southern District of West Virginia Charleston Division case number 2:18-cv-00950

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Hendrickson & Long, PLLC U.S. District Court for the Southern District of West Virginia Charleston Division

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