CHARLESTON — A man is suing the City of St. Albans and its police department alleging he was injured by one of its officers due to excessive force.
Patrolmen M.W. Cooper was also named in the lawsuit.
Donnie Booth was arrested on March 10, 2020, by Cooper and during the arrest, Cooper slammed the plaintiff to the ground and used excessive force against him, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Booth claims Cooper slammed him to the ground without cause.
Prior to the encounter, the plaintiff was at a gas station at the intersection of Walnut Street and Kanawha Terrace when Cooper arrived, according to the suit.
Booth claims he approached Cooper and began to speak to him and during the conversation, he took his phone from his pocket to record the conversation.
As Booth was attempting to do so, Cooper rushed him and grabbed him and violently threw him to the ground, according to the suit.
Booth claims Cooper then placed his knee and forearm into the plaintiff's head and neck area, pinning him to the ground, which was unnecessary because he was not resisting when the incident occurred.
The incident was recorded on security footage at the gas station, according to the suit.
Booth claims he suffered lacerations to his face and head, contusions and a fracture of the orbital floor.
Booth claims the defendants were negligent and caused his injuries.
The officer used excessive force and caused his injuries, according to the suit. He claims the defendants violated his constitutional rights.
Booth is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00076
