CHARLESTON — A man is suing the West Virginia Division of Corrections and Rehabilitation and a parole officer for injuries when he was riding his bicycle.
Clayton Thompson was riding his bicycle on Dec. 31, 2019, in Parkersburg when Jordan Lot and an unknown and unnamed person struck Thompson with the front of their unmarked vehicle, according to a complaint filed in Kanawha Circuit Court.
Thompson claims the unmarked vehicle in which Lot and the unnamed person were in had been following him and when he was struck, it caused him to fall/fly off the bicycle and strike the ground, causing him injuries.
The incident also destroyed the bicycle, according to the suit.
Thompson claims he was taken to Camden Clark Medical Center to have his injuries treated as a result of being hit by the vehicle.
The defendants willfully struck the plaintiff while he was riding his bicycle and did so with the intent to inflict unnecessary harm, according to the suit.
Thompson claims at no time did he give any indication that he was a danger to the defendants or himself or others and was merely riding his bicycle on the road when he was struck by the vehicle.
"The excessive force and conduct ... used against plaintiff by defendants was in violation of plaintiff's rights under the Fourth Amendment of the United States Constitution to be free from unreasonable search and seizures and unreasonable intrusions on his bodily integrity," the complaint states.
Thompson claims the defendants' actions were battery, recklessness, malicious conduct and negligence. He claims they were responsible for his injuries.
Thompson is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Paul E. Stroebel of Stroebel & Stroebel of Charleston. The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-1190