CHARLESTON – A former police officer and firefighter already facing legal problems has been accused of using excessive force against and violating the rights of a Kanawha County man.
Jared Shamblin filed a complaint last month against C.L. Osborne individually and in his capacity as an employee for the City of Smithers.
“I want to make sure I can bring justice to my client and to every individual who has experienced similar situations in the greater Kanawha Valley,” Michael Cary, the attorney representing Shamblin, told The West Virginia Record. “Most police officers in our state are incredible. They come to work every day and put their lives on the line.
Cary
“My job, in this case, is to make sure that we take away the individuals who don’t deserve to wear the blue. Police brutality has to stop.”
According to the complaint, Shamblin had an active absconding warrant in Fayette County. Osborne, working as a member of the Smithers Police Department, placed Shamblin under arrest on August 22, 2020. Osborne, who was working with another officer, handcuffed Shamblin.
“The plaintiff was standing by the police cruiser, asking a friend to call a family member, when suddenly defendant Osborne slammed the plaintiff to the ground,” the complaint states. “Defendant Osborne mounted the plaintiff while repeatedly striking the plaintiff in the face numerous times with a closed fist.
“Defendant Osborne beat plaintiff Shamblin so severely about his face that he sustained a fracturered tooth and severe bruising around his eyes and jawbone. Defendant Osborne then proceeded to pick up the plaintiff by his handcuffs and slam the plaintiff’s head against the police cruiser.”
The complaint also says the other officer witnessed Osborne escalate his aggressive behavior toward Shamblin at the Montgomery Police Department by throwing him down two separate flights of concrete stairs.
“Moreover, once at the booking office, and while bleeding profusely, defendant Osborne told the plaintiff, ‘If one more drop of blood hits the carpet, I’m going to beat you even worse,’” the complaint states.
Shamblin required medical treatment for injuries to his back, face and head. He was diagnosed with several broken ribs.
He accuses the defendants of negligence, negligent infliction of emotional distress and negligent supervision.
Last month, Osborne was charged with two counts of second-degree assault for two separate incidents.
According to Boone County court records, Osborne took a juvenile female to a bunk room at the Danville Volunteer Fire Department and sexually assaulted her last month. State Police said video surveillance showed Osborne and the teen leaving the bunk room. The other incident occurred in May 2018 when he allegedly forced a woman to have sex at a residence in Madison.
Osborne was placed on leave from his job at the Marmet Police Department on February 1. He also was fired as a probationary firefighter with the Charleston Fire Department. He was arrested and taken to Southwestern Regional Jail.
Shamblin seeks compensatory damages for past and future physical pain and suffering, past and future mental pain and suffering, permanent injuries, past and future medical bills, loss of earning capacity and lost wages, scarring, humiliation, embarrassment, degradation and other injuries.
He also seeks an injunction requiring Smithers to have its officers trained about use of excessive and wrongful force and to develop policies to preclude such actions. He also wants the city to discipline Osborne for his actions.
Shamblin is being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Tod Kaufman.
Kanawha Circuit Court case number 21-C-16
