CHARLESTON — A man is suing the West Virginia Division of Corrections and Rehabilitation alleging he was injured while residing at a correctional facility.
Sgt. Justin Wade, C.O. Weaver and unknown and unnamed individuals were also named as defendants in the suit.
Brandon Long was an inmate at Northern Correctional Center and on April 12, 2020, he was pepper sprayed in his cell and then taken to medical, where he showered and was given new clothes, according to a complaint filed in Kanawha Circuit Court.
Long claims he was told to strip out and informed the defendants he felt uncomfortable because he had just changed into the new clothes and because of this, he was placed in a restraint chair.
The plaintiff was eventually released from the chair and allowed to use the restroom and was handcuffed with his hands in the front of his body and returned to the chair after using the restroom, according to the suit.
"After the defendants slammed plaintiff onto the ground, they proceeded to knee and punch plaintiff while he was lying handcuffed on the ground," the complaint states. "The defendants also sprayed plaintiff with Oleoresin Capsicum spray."
The defendants then switched the plaintiff's handcuffs to behind his back and pulled his shoulder excessively, causing severe pain in the plaintiff's shoulder, according to the suit.
The plaintiff claims he was then placed in a different restraint chair and left for two hours.
The defendants violated the U.S. Constitution, according to the suit.
Long is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Paul E. Stroebel of Stroebel & Stroebel PLLC in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 22-C-169