HUNTINGTON — In a lawsuit filed by a Marshall University student against the City of Huntington over alleged excessive force by an officer, the city alleges that it and the officer have qualified immunity and want the lawsuit dismissed.
The answer by the city and Officer Richard Kern states that the defendants deny that they violated any of the plaintiff’s constitutional rights, caused her to suffer any injury, or are liable to her or that she is entitled to any of the relief recited or claimed in the complaint from it.
"The defendants request that this court dismiss the plaintiff’s complaint against defendants and award the defendants attorney’s fees and costs associated with defending against the allegations contained in the complaint and any other relief that this court deems just and reasonable," the Sept. 24 answer states.
The city and Kern admitted that Emma Mayo was placed under arrest and transported to the Huntington Police Department, where she remained while being cited for potential violations of the law before she was released, but denied that allegations of civil rights violations, municipal liability or that they violated state laws.
Mayo had a pre-semester party on Aug. 24, 2019, along with other Marshall students and cheerleaders at her residence and the party began at 9 p.m.
At 11:24 p.m., Kern summoned Mayo outside to speak with her and she walked to the end of her porch where Kern then reached out and grabbed her by her left arm, according to the complaint filed in U.S. District Court for the Southern District of West Virginia.
Mayo claims Kern then grabbed a handful of her hair and violently jerked her head back and then lead her to the police car by her hair. She was then arrested, handcuffed and placed in a cruiser and taken to the department, where she was later released.
Mayo claims Kern's actions were excessive force and an unlawful seizure of a person. She claims the city deprived her of her rights because of Kern's actions. She also claims the city was negligent in hiring Kern.
Mayo is seeking compensatory and punitive damages. She is represented by Kenneth P. Hicks of Kenneth P. Hicks LC in Huntington.
The city and Kern are represented by Nathanial A. Kuratomi and Lee Murray Hall of Jenkins Fenstermaker in Huntington.
U.S. District Court for the Southern District of West Virginia case number: 3:21-cv-00471
