CHARLESTON — A Charleston man is suing the city of Dunbar and a police officer, citing, alleging excessive force.
Timothy Daniel Smith filed a complaint in U.S. District Court for the Southern District of West Virginia against the city of Dunbar, and police officer Adam Mason, alleging he was physically assaulted and battered by the officer.
According to the complaint, on July 18, 2017, Smith was suffering chest and stomach pains while he was walking home. He lost control of his bladder and involuntarily urinated on the sidewalk, the suit says.
The lawsuit states Mason arrived at the scene but ignored Smith's request for medical attention. Smith says while suffering an anxiety attack he attempted to run away as Mason became antagonistic and verbally abused him.
Subsequently, the suit alleges, Smith was beaten by Mason, which resulted in multiple facial and head injuries, including a fractured nose. The plaintiff alleges the city of Dunbar and Mason used a degree of force that was unreasonable, excessive and unwarranted. The suit says the city has engaged in a pattern, practice or custom of using obstruction as a charge when no facts support it as charge and/or to conceal officer misconduct.
Smith seeks trial by jury, a monetary amount that will fully and fairly compensate him for his injuries and any other compensatory damages. Additionally, he seeks punitive damages, attorney fees and court costs. He is represented by attorney Mark S. Plants of Plants Law Offices in South Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:18-cv-01276