CLARKSBURG — In two federal lawsuits, a city of Pennsboro police officer is accused of making unlawful arrests.
In the suits, Thomas F. Smith, Ernest L. Owens and Anita M. Owens accuse Officer F.T. Davis of bodily harm, malicious and outrageous conduct and violations of constitutional right. The complaints were filed in U.S. District Court for the Northern District of West Virginia on March 25. The city is also named as a defendant.
Smith claims on March 29, 2018, he was lawfully operating his motor vehicle within Pennsboro with his children in his vehicle when Davis began following him.
Smith pulled over and approached Davis to politely ask why Davis was following him, but the officer became enraged at the inquiry and got out of his police cruiser to confront him, according to Smith’s lawsuit.
Smith claims Davis refused to answer the question, grabbed Smith and slammed him against the police cruiser and placed him in handcuffs in an extremely tight and painful way.
Smith warned Davis that he had a prosthetic leg and that forcing him into the back of the cruiser could cause him extreme pain and discomfort, but Davis forced him into the cruiser anyway and charged him with impeding training, obstructing an officer and disorderly conduct, the suit says.
Smith claims when the charges were later dismissed, Davis became angry and re-arrested him on the same charges on March 25, 2019.
Ernest and Anita Owens claim on March 26, 2019, Ernest Owens was driving on Route 74 in Ritchie County and lawfully passed another motorist.
When Ernest Owens was passing the motorist, something flew out of the bed of his pickup truck and struck the vehicle of another motorist, but he was not aware of this until the other motorist flagged him down and he pulled into a Save-A-Lot parking lot to discuss the matter.
When Davis arrived to investigate the matter, Ernest Owens politely asked him questions about the investigation and Davis became angry and assaulted him and Anita Owens, who had just arrived on the scene to assist her husband, the suit says.
Davis slammed Ernest Owens to the ground, causing him significant and permanent injuries to her back, upper torso, wrist, hand and head, the suit alleges. He also assaulted Anita Owens, causing her significant injuries, according to their suit.
Ernest Owens was then charged with littering, obstructing an officer and disorderly conduct. The charges were later dismissed, according to their suit.
The plaintiffs are seeking compensatory and punitive damages. They are represented by George J. Cosenza of George J. Cosenza PLLC in Parkersburg.
U.S. District Court for the Northern District of West Virginia case numbers: 1:20-cv-00054, 1:20-cv-00055
