ELKINS — The West Virginia Department of Natural Resources wants a lawsuit alleging trespassing to be dismissed.
The DNR claims the U.S. District Court for the Northern District of West Virginia lacks subject matter jurisdiction over the case and the DNR has immunity under the 11th Amendment.
"The WVDNR is a West Virginia State agency," the memorandum states. "Sergeant Jeff Craig and Captain Douglas Benson are both officials and agents of the WVDNR. As a result, this Court has no jurisdiction over Plaintiffs’ claims against the WVDNR Defendants because they are immune from suit under the Eleventh Amendment to the Constitution of the United States."
The defendants want the case dismissed with prejudice.
Terri Bradshaw, Blake Bradshaw, Shane Shilling and SWVWL Inc. filed the lawsuit against DNR, Sgt. Jeff Craig and Capt. Douglas Benson alleging that Benson and Craig trespassed onto the plaintiffs' property in Hillsboro, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
The defendants were aware of and had knowledge that the plaintiffs were operating under an omnibus settlement agreement that was entered into by the DNR with the property owner, according to the suit.
The plaintiffs claim the defendants waited until Terri Bradshaw left and then proceeded to search the property, enter the buildings, go up on the porch, look through the windows and go around the back of the property.
The defendants came back a week later and spoke with Terri Bradshaw, however, on Nov. 12, 2019, the defendants went to Magistrate Cynthia Kelly and provided her with false information to obtain a warrant, then went to the plaintiffs' property took possession of a bear cub and an iPhone.
The defendants then wiped the iPhone and took the SIM card out of it. Later, other animals were taken from Terri Bradshaw's wildlife rescue and the defendants took medication and an incubator from the plaintiffs.
The plaintiffs are seeking compensatory and punitive damages. They are representing themselves.
The defendants are represented by Kelly Morgan and Kristen V. Hammond of Bailey & Wyant in Charleston.
U.S. District Court for the Northern District of West Virginia case number: 2:21-cv-00021
