BLUEFIELD – A former inmate claims he was the victim of excessive force, assault and battery by officers at Stevens Correctional Center.
Emmanuel Gibson filed his complaint in federal court against the McDowell County Commission, Sergeant Aaron Cantrell and Corporal Nicholas Culbertson.
According to his complaint, Gibson was incarcerated at Stevens Correctional Center. The officers there are employed by the McDowell County Commission through an agreement with the state Division of Corrections and Rehabilitation.
Paul E. Stroebel
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Gibson says his pod of cells was locked down September 21-23, 2020. When some inmates complained about the length of the lockdown on September 22, he says he heard officers yell at them, “You are only making it worse.”
Soon thereafter, he says Cantrell entered the pod of cells and deployed multiple rounds of 40 mm without warning. He says Culbertson also deployed multiple shots with a pepper ball gun into the cells while Cantrell deployed an Oleoresin Capsicum grenade.
“Plaintiff was burning from OC and struggled to breathe,” the complaint states. “Plaintiff was not given a chance to decontaminate for roughly nine to 10 hours after this incident. Plaintiff never caused any disturbance, refused orders or was a threat to the correctional officers, himself, others or state property.
“Plaintiff and the other inmates in Cell 4 were not given an option to cuff up and be removed from the situation and instead were maliciously and wrongfully attacked by the correctional officers.”
He says the conduct was cruel and unusual and resulted in serious physical and mental injury. He also says their use of excessive force violated state and federal law, facility policies and procedures.
Gibson says he had red bumps covering his body and that he continued to have trouble breathing after the incident.
In addition to his physical injuries, Gibson says he has suffered emotional distress, humiliation, mental anguish, embarrassment and will continue to suffer mental anguish.
He accuses the defendants of violating the Eighth Amendment of the U.S. Constitution with the cruel and unusual punishment. He also accuses them of reckless, intentional, malicious and wanton conduct in violation of state code. He also files a count of outrageous conduct.
Gibson seeks compensatory damages, general damages, punitive damages, attorney fees, court costs and other relief. He also seeks to have the defendants enjoined from such conduct in the future.
Gibson is being represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston. The defendants have not filed a response, but they are being represented by Jacob D. Layne of Pullin Fowler Flanagan Brown & Poe in Charleston. The case has been assigned to Senior Judge David A. Faber.
U.S. District Court for the Southern District of West Virginia case number 1:21-cv-00652