CHARLESTON — One of the defendants has been voluntarily dismissed from a lawsuit alleging excessive force.
U.S. District Judge Irene Berger found that Jeremy Abels, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure voluntarily dismissed, without prejudice, all claims against Jackson County Commission
"The docket reflects that no crossclaims have been asserted by any Defendant against the Defendant Jackson County Commission," the order states. "It appearing to the Court that there is no objection to the dismissal of all claims against Defendant Jackson County Commission and therefore, it is hereby ordered that all claims asserted against Defendant Jackson County Commission shall be, and hereby are, dismissed, without prejudice, from the above-captioned civil action."
The case will continue against Mason County Commission, Deputies Brandon Thompson, J.P. Anderson, C.R. Saltsgaver, C. Butler and L. Roush; Officer J. Garrett; and Sgt. F. Terry.
A jury trial is scheduled for May 1, 2023, according to an April 25 scheduling order.
Abels alleges that multiple law enforcement agencies were involved in his arrest and beating, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
"The individual Defendants named herein approached plaintiff and used physical force to push plaintiff to the ground where they punched, kicked and handcuffed plaintiff," the complaint states. "Defendants punched plaintiff in his head, torso and legs. Defendants punched and slammed plaintiff’s head into the ground repeatedly. Plaintiff was also kicked in the ribs."
Abels claims that the defendants' actions caused serious bodily injury, with the head injury being apparent in his booking photo.
During the time that the plaintiff was being beaten, the defendants repeatedly taunted the plaintiff by saying they were going to teach the plaintiff a lesson, according to the suit.
Abels claims the statements and taunting by the defendants demonstrate the malicious nature and retaliatory purpose of his beating.
"At no time after he stopped, did plaintiff physically resist or threaten the officers," the complaint states. "Much of Plaintiff’s beating was captured on a dash cam. Defendants were angry because plaintiff had led them on a chase when he refused to stop. Defendants' anger resulted in plaintiffs' beating. The beating did not occur because plaintiff presented a threat or because plaintiff resisted, which he did not."
Abels claims the defendants' actions were in clear violation of the West Virginia code and the U.S. Constitution.
Abels is seeking compensatory and punitive damages. He is represented by Paul M. Stroebel of Stroebel & Stroebel in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00594