West Virginia Record

Monday, January 20, 2020

Former inmate sues correctional officers alleging assault and battery


By Philip Gonzales | Feb 16, 2019

General court 07

CHARLESTON — A former inmate is suing correctional officers, citing alleged unlawful use of excessive force.

William Austin filed a complaint in Kanawha Circuit Court against Daniel Pennington and an individual identified in court documents only as Correctional Officer White, alleging that they violated his right to be free from excessive physical force.

According to the complaint, Austin alleges that on Dec. 29, 2016, while he was an inmate at the West Virginia Regional Jail and Correctional facility, he was injured when he was attacked by the defendants. He suffered physical injury, severe emotional distress, mental anguish and loss of dignity. 

The plaintiff holds Daniel Pennington and Correctional Officer White responsible because they allegedly unnecessary sprayed him with pepper spray, handcuffed him, shackled him and threw him into the floor face first.

The plaintiff requests a trial by jury and seeks all damages, court costs, interest, attorney's fees and expenses. He is represented by David F. Nelson of Hendrickson & Long PLLC in Charleston.

Kanawha Circuit Court Case number 18-C-1557

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Hendrickson & Long, PLLCKanawha Circuit Court

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