CHARLESTON — A woman is suing Kanawha County Commission alleging deputies used excessive force when they came to her home.
Joshua Martin, Scott Lowther and Mike King also were named as defendants in the suit, which originally was filed in Kanawha Circuit Court before being removed to federal court.
The defendants arrived at Amy Deavers' home in the morning hours of June 15, 2020, in an attempt to apprehend Florence Kiewra, a fugitive who had violated the terms of her furlough for prior crimes, according to a complaint.
Deavers claims the night before Kiewra had stayed at the plaintiff's residence with the plaintiff's daughter, who was visiting the plaintiff and does not live with her. Deavers acknowledged that Kiewra was present and when the deputies attempted to enter her home, she asked if they had a warrant, which one of the defendants said he did not need a piece of paper to enter the home.
Deavers claims one of the deputies grabbed her and forcefully threw her face down onto the porch and handcuffed her while the other deputies detained Kiewra.
Deavers is seeking compensatory and punitive damages.
The Kanawha County Commission removed the case to federal court. King and Lowther filed a motion to dismiss the complaint last month. On November 15, the commission and Martin filed a motion to join that motion to dismiss.
Deavers is represented by Stephen Hastings and David Nelson of Hendrickson & Long. The commission and Martin are represented by Cy Hill and Allison Subacz of Cipriani & Werner in Charleston. Lowther and King are represented by Fred Westfall of the U.S. Attorney's Office for the Southern District of West Virginia.
U.S. District Court for the Southern District of West Virginia case number 2:21-cv-423 (Kanawha Circuit Court case number: 21-C-497)