CHARLESTON – A Kanawha County man says he was two doses of Narcan by members of the South Charleston Police Department even though he hadn’t taken any illegal drugs.
Joshua Daniels filed his complaint in Kanawha Circuit Court against the City of South Charleston, Lieutenant Yeager, Officer Barbagallo and Patrolman Moss.
According to the complaint, Daniels and a friend became intoxicated after drinking at a local party. They decided to “sleep it off” inside Daniels’ truck, which was parked at a One-Stop convenience store along U.S. 119 in South Charleston. He says he asked a One-Stop employee for permission to do so, and it was granted.
Later, a delivery driver saw Daniels and his friend asleep in the truck and called the police. Several units were dispatched as were some firefighters. He says the officers forcefully entered the vehicle and administered Narcan twice.
Then, he says he was transported to Thomas Memorial Hospital while his vehicle was towed.
Daniels says he became “very anxious and energetic” after being given two doses of Narcan when he wasn’t overdosing on illicit drugs.
“He began attempting to explain to the police that he had not done any illicit drugs, and that he did not need to visit the emergency room,” the complaint states. “Because of the administration of Narcan, plaintiff was talking loudly and nervously.”
He says he was told he would be arrested if he didn’t stop talking loudly and using profane language. He also asked why he had been arrested and refused to sign medical forms. As he tried to leave the hospital, Daniels says he was “violently and forcefully assaulted by the officers present and placed under arrest for disorderly conduct and obstructing an officer.”
Daniels accuses the defendants of outrageous conduct, intentional infliction of emotional distress as well as violation of the U.S. Constitution with use of excessive force and cruel and unusual punishment.
He seeks compensatory damages for mental anguish, embarrassment, humiliation, violation of his rights and physical injury. He also seeks punitive damages, pre- and post-judgment interest, attorney fees, court costs, expenses and other relief.
A federal lawsuit filed in August also accuses South Charleston officers of using excessive force following a traffic stop that left a man paralyzed.
Daniels is being represented by Joseph H. Spano Jr. and Faun S. Cushman of Pritt & Spano in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 20-C-685