CHARLESTON — A woman says the Kanawha County Sheriff's Office for damage done to her home when it was being searched by deputies.
Det. J.J. Garbin was also named as a defendant in the suit.
Petra Wagner was in her home on Jan. 9, 2020, when the defendants executed a warrant on her Cross Lanes home and removed her from her home while it was searched, according to a complaint filed in U.S. District Court for the Southern District of West Virginia at Charleston.
Wagner claims the search warrant stated that Garbin gave an affidavit the month before stating that Michael Figueroa was concealed in her home with heroin, but Wagner says she doesn't know who Figueroa is.
The defendants searched Wagner's home for several hours, making holes in her walls, destroying furniture and several items went missing. She was also made to stand outside wearing only a bathrobe for several hours and was not allowed to dress any warmer. She claims none of the seized items in her home were returned.
Wagner claims the defendants caused her emotional distress. She is seeking compensatory damages with pre- and post-judgment interest. She is represented by Faun S. Chushman of Pritt & Spano.
U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00015
