CHARLESTON – A Kanawha County man says South Charleston police officers used excessive and unreasonable force on him.
Jamie Brian Turley filed his lawsuit June 6 in federal court in Charleston against the South Charleston Police Department and officers Justin Bailes, Aaron Chapman, Joseph Davis and John Does 1-5.
According to the complaint, Turley is a military veteran, husband and father of three children. He had just started a new night shift job on February 12, 2022, when he fell asleep behind the wheel of his minivan parked at a 7-Eleven store in South Charleston.
The complaint says a clerk at the store apparently thought Turley was overdosing on drugs and called 911. Bailes was the first to arrive at the scene. The complaint says most of the incident was captured on SCPD dash and body cameras.
When Bailes approached the vehicle, Turley says he opened his door and showed Bailes his driver’s license. Bailes then asked Turley to get out of the van. Turley asked him why.
“This, evidently, angered Officer Bailes, who screamed at plaintiff to ‘get out of the damn car,’” the complaint states. “When plaintiff refused and continued asking Officer Bailes ‘why?,’ Officer Bailes then grabbed plaintiff by his left arm/shoulder and attempted to forcibly pull plaintiff out of his vehicle.
“Fearing an escalation in violence from Officer Bailes, plaintiff locked his right arm around the steering wheel of his vehicle and repeatedly told Officer Bailes to ‘please stop, I did nothing wrong.’”
Soon, Chapman and Davis arrived at the scene, and they both began pulling on Turley’s left arm/shoulder as well. The video shows all three officers forcefully pulling together on Turley’s left arm/shoulder and twisting it. As this was happening, Turley is heard repeatedly begging the officers to “please stop.”
The video footage also shows Bailes shooting pepper spray at Turley’s face at close range. Then, Bailes went around the car, entered from the passenger side and began striking Turley’s right hand that was holding the steering wheel with a metal baton.
Bailes then returned to the driver’s side to join Chapman and Davis in pulling and twisting Turley’s left arm/shoulder. The video also shows Chapman pulling and twisting Turley’s head and neck while he screamed, “I can’t breathe,” and Davis is seen repeatedly punching Turley’s side and the back of his head.
“As all of this is transpiring, plaintiff is heard on video repeatedly screaming, ‘I’ll get out, I’ll get out … please stop hitting me,’ to which one of the officers responded, ‘It’s too late,’” the complaint states. “Eventually, the officers overpowered plaintiff and drug him from his vehicle.”
Once on the pavement, Turley did not resist arrest. He had to double rear handcuffed because his left arm was immobile, according to the complaint. During a search, one bud of Delta 8 THC was found in Turley’s pants pocket.
The complaint says other SCPD officers witnessed the incident but did nothing to intervene.
“At no point during his detainment and arrest would an objectively reasonable police officer believe plaintiff posed an immediate threat to the safety of Officer Bailes, Officer Chapman, Officer Davis or anyone else,” the complaint states. “Plaintiff simply refused to exit his vehicle – first because he believed he did nothing wrong and then because he feared escalating violence from the officers who were already inflicting unnecessary pain by brutally trying to rip him out of his vehicle.”
Turley was placed in a squad car, taken to the police station, charged with simple possession and released. The misdemeanor possession charge later was dropped. He then was taken by ambulance to Thomas Memorial Hospital where he was diagnosed with a dislocated left shoulder, a twice torn left rotator cuff and broken bones in his right hand.
He had surgery to repair the shoulder, but the doctor said Turley likely will require a second surgery for it, according to the complaint. He also is going through physical therapy.
The complaint claims Bailes, Chapman and Davis have been involved in numerous other incident of using excessive force, assault, physical violence and other unlawful acts and abusive practices on duty. It also says the City of South Charleston and SCPD knew about these incidents but did nothing to hold them accountable.
Turley accuses the defendants of assault, battery, negligence, gross negligence and intentional infliction of emotional distress. He accuses Bailes, Chapman and Davis of excessive use of force. He accuses the John Doe officers of failure to intervene. He accuses the City of South Charleston of negligent hiring, negligent supervision and training and negligent retention.
He says he has suffered severe, permanent and debilitating physical and emotional injuries, endured past and future medical expenses, past and future pain and suffering, impairment of ability to enjoy life, annoyance, aggravation, inconvenience and mental anguish.
Turley seeks compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief. He is being represented by Russell A. Williams of New Taylor & Associates in Beckley.
U.S. District Court for the Southern District of West Virginia case number