CHARLESTON — A woman is suing the West Virginia Department of Homeland Security and the West Virginia State Police claiming she was injured by a trooper when he came to arrest her son.
R. Lindsey, a state trooper, was also named as a defendant in the suit.
On March 31, 2020, Lindsey arrived at the home of Charlotte Summers in Pence Springs to arrest her son, David Summers, who, at the time, was in an outbuilding on Charlotte Summers' property, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Charlotte Summers claims Lindsey did not have a search warrant but arrested David Summers without incident. At some point, Lindsey searched the outbuilding and inflicted substantial damage to it. Charlotte Summers claims searching the outbuilding was not incident to the arrest.
The plaintiff alleges that after arresting David Summers, Lindsey made contact with who was in the home and alleged in his report that Charlotte Summers swore at him and that she threw an aluminum screen door frame at his patrol car.
"At the time of this incident on March 31, 2020, Plaintiff was 75 years old, slight, frail and disabled in that she needed assistance to walk," the complaint states.
Charlotte Summers claims Lindsey illegally entered her home to arrest her and tased her, causing her to fall to the floor. Lindsey then beat her and dragged her on the ground, causing her severe injuries, according to the suit.
Charlotte Summers claims the defendants violated the Fourth Amendment of the U.S. Constitution and assaulted and battered her on March 31, 2020.
Charlotte Summers is seeking compensatory and punitive damages. She is represented by W. Mark Burnette of Mark Burnette PA in Ocala, Fla.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00148