CHARLESTON – A Kanawha County man says he was slammed to the ground and repeatedly kicked by two Charleston police officers.
Michael Harris filed his complaint in federal court against the City of Charleston, the Charleston Police Department, Detective Aldridge and Detective Dawson.
According to the complaint, Harris says the incident occurred July 6, 2020. He says he was sleeping in his rented bedroom when he was abruptly awakened by Dawson entering the room. He says Dawson yelled and told him to get on the floor. Before he could react, he saw Dawson dragged him from bed and slammed him to the floor. Then, he says Aldridge entered the room and began kicking his side before he was handcuffed and taken into the hallway.
“Plaintiff informed the defendants that he was having trouble breathing and the defendants responded by mocking plaintiff,” the complaint states. “The force was excessive and unnecessary as plaintiff was not resisting.”
Harris also says the owner of the unit where he was staying rented out a number of rooms to individuals, and he says the defendants were serving a search warrant based on suspicious activity of someone residing in another room of the home.
He says the defendants violated his Fourth Amendment rights to be free from unreasonable search and seizure as well as unreasonable intrusions on his bodily integrity. He also accuses them of battery, recklessness, malicious conduct and deliberate indifference.
“Defendant City of Charleston has a custom, history and policy that allows its officers to use excessive force without consequence,” the complaint states. “The City has taken no steps to discipline the officers named herein. The City of Charleston has also failed to address a number of high-profile incidents of excessive force involving its officers. In each instance, the City failed to take action to train or discipline its officers for excessive force that was captured on video.”
He says he was left with serious bodily injuries, and he says he required medical treatment at the hospital. His injuries included rib fractures. In addition to the physical injury, Harris says he also has suffered mental anguish, embarrassment, humiliation, emotional distress and other injuries.
Harris seeks compensatory and punitive damages, pre- and post-judgment interests, court costs, attorney fees and other expenses.
He is being 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-00266