CHARLESTON — The defendants in a handful of cases involving a break-in at Carlton Law Office and alleged intimidation by sheriff's deputies and state police have sought to have the case dismissed.
In its motion to dismiss, the state claims it is immune from liability for the conduct alleged in the complaints, contending that Robert Carlton and Amanda Goff's alleged damages were a result of the defendant troopers.
"These defendants are immune from liability for each of the allegations set forth in the complaint because plaintiff ... has failed to identify any statute, constitutional provision or law prohibiting the conduct in which these Defendants allegedly engaged," the motion states.
Carlton, in his response to the state's motion to dismiss, argued that he clearly stated a claim against the state for fraudulent, malicious and oppressive behavior.
"Wherefore, the plaintiffs can clearly show that there was a (sic) wrongful attempt, by use of fraudulent, malicious and oppressive behavior by state police and sheriff's department, to prosecute Robert Carlton, and sexual harassment against Amanda Goff by viewing the video and then five officers take her to an enclosed area pressuring and touching her after all had seen the video and she had been advised by then of that fact and therefore the complaint should not be dismissed," Carlton wrote.
The West Virginia State Police and Troopers Dustin Contos and Cory Maynard also want the complaints dismissed. They argue that there were no fraudulent or malicious prosecutions or charges that occurred and, therefore, the plaintiffs cannot recover any damages.
Goff argued in her response to the motion to dismiss that she was threatened and intimidated by the defendants and if the court needed a more definite statement beyond the current allegations she would seek leave to amend her complaint.
In the original lawsuits, the plaintiffs claim on Aug. 26, 2020, Samantha Sexton and two accomplices broke into Carlton's law office and stole several computers and contained case files, client files, videos and tax returns. The individuals also ransacked the office and broke furniture.
The complaints say Mingo Sheriff's Department later found the laptops at Sexton's residence but never returned the laptops, despite the county's prosecuting attorney directing the department to return the laptops several times.
When the department agreed to a request to allow recovery of the information on the computers, Goff went to the department to obtain the files on the computers and she was taken into a private basement where deputies pressured her to change her story regarding the actions in a video on one of the laptops.
The plaintiffs are seeking damages for destruction of property, theft of property, damages for being detained and abused, damages for emotional distress and physical and mental and emotional strain and distress, damages to the law office. Carlton is representing them.
Kanawha Circuit Court case numbers: 21-C-717 and 21-C-718; Mingo Circuit Court case number: 21-C-84