CHARLESTON – An inmate at the Salem Correctional Center alleges an officer used excessive force when he posed no threat.
Nicholas Burke filed a complaint in Kanawha Circuit Court against Correctional Officer Dakota Carol and the West Virginia Division of Correction and Rehabilitation (WVDOCR) alleging intentional infliction of emotional distress, negligence and violation of civil rights.
Burke was an inmate at the Salem Correctional Center. He alleges on Nov. 13, 2017, that Carol used excessive force by spraying him multiple times with OC spray, even though he posed no threat. Burke claims he began to experience shortness of breath, burning eyes and skin for three weeks and was refused decontamination after being sprayed. He also claims Carol has a record of other excessive force complaints.
Burke seeks damages, a trial by jury, interest and all other just relief. He is represented by Paul Stroebel of Stroebel & Johnson PLLC in Charleston.
The case has been assigned to Circuit Judge Carrie L. Webster.
Kanawha Circuit Court case number 19-C-1049