MARTINSBURG – A former Martinsburg police officer claims the city wouldn’t give him unpaid leave to take care of his dying brother.
Scott Shelton filed his complaint September 10 in Berkeley Circuit Court against the City of Martinsburg.
According to the complaint, Shelton was an MPD officer for about 13 years. Sometime in 2017, his brother David was diagnosed with cancer. A single father, Shelton began caring for his brother.
Toriseva
“Plaintiff and his brother were extremely close,” The complaint states. “His brother was not just his brother but was also his best friend. … This diagnosis was devastating to both men.”
By June 2019, Shelton says he had exhausted any available paid leave to care for his brother and to care for his own child. That’s when he says his brother’s condition declined drastically, and Shelton said he wanted to spent time with his brother before his impending death.
Shelton said the stress of his brother’s condition left him feeling he was unable to focus on his job effectively, so he requested unpaid leave. He said he met with Police Chief Maury Richards and Deputy Chief George Swartwood to discuss the issue.
“The plaintiff felt that his ‘head was not in the game’ and that he was concerned with the safety of the public and his fellow officers with the stress of his brother’s impending death weighing heavily on his mind,” the complaint states. “Ultimately, plaintiff was denied unpaid leave by Chief Richards and Deputy Chief Swartwood … Upon information and belief, the decision to deny this leave to plaintiff came from City Manager Mark Baldwin.”
Shelton says that decision was arbitrary because other city employees were permitted to take unpaid leave at the same time.
“Plaintiff fully intended to work as a Martinsburg Police Officer until he qualified for retirement,” the complaint states. “The rigid, unaccommodating actions of the defendant, forcing the plaintiff to choose between time with his dying brother and his job deprived the plaintiff of his right to pursue his occupation.”
Shelton said he resigned his position June 21, 2019, to spend time with his brother. Nine days later, David Shelton died.
He accuses the city of tortious interference with a business relationship, constructive discharge and intentional infliction of emotional distress. He seeks compensatory and punitive damages and other relief.
Shelton is being represented by Teresa Toriseva and Joshua Miller of Toriseva Law in Wheeling. The case has been assigned to Circuit Judge Steven Redding.
Berkeley Circuit Court case number 20-C-222