HUNTINGTON — The mother of a man who died while in the custody of the Kenova police is suing the city and Officer Charles Newman for his death.
James D. Dean was arrested on April 5, 2019, and later died, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Olivia Dean claims her son was arrested after a disturbance was reported at his home when he was intoxicated and verbally abusing his mother. Newman transported James Dean to police headquarters and knocked him to the ground while he was handcuffed, resulting in a skull fracture and other brain injuries.
"Defendant Newman used excessive and unreasonable physical force against Mr. Dean that resulted in serious brain injuries," the complaint states. "These actions caused serious bodily injury and required that Mr. Dean to be taken to the hospital for evaluation and treatment. Mr. Dean subsequently died after 17 days in the hospital. The medical examiner performed an autopsy that concluded Mr. Dean’s death was a homicide."
Olivia Dean is seeking compensatory and punitive damages. She is being represented by Paul M. Stroebel and Stroebel & Stroebel; William M. Tiano of Tiano O'Dell.
U.S. District Court for the Southern District of West Virginia case number: 3:21-cv-00197