CHARLESTON — Two individuals are suing the Dunbar Police Department claiming they suffered emotional distress when the police department served them with a faulty warrant.
Cpl. J.L. Luciano was also named as a defendant in the suit.
On May 19, 2020, the defendants executed a search warrant for Carlito Carter and Angelita Mosley's residence in Dunbar and when the defendants arrived, the plaintiffs were handcuffed and removed from the home while it was being searched, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Carter and Mosley claim the defendants seized approximately $1,100 in cash and an imitation pistol. They claim they were not served the warrant upon the initial search and were only given it once the search was completed.
"The search warrant stated that defendant Luciano gave an affidavit on May 11, 2020, that one Mikayla Copley was concealed inside the plaintiff's residence and was in possession of illegal narcotics with intent to manufacture or deliver," the complaint states.
The plaintiffs claim they have never known Copley. They claim the defendants finally left the residence making no arrests and they were never charged with a crime as a result of the warrant.
The defendants knew or should have known that serving a faulty search warrant would cause a severe mental and physical reaction, as would handcuffing them and searching their house, according to the suit.
"Without consideration for plaintiffs' mental and physical state, defendants proceeded to serve a fraudulent search warrant on the plaintiffs and then handcuffed them while searching the residence," the complaint states. "Defendant's conduct caused plaintiffs severe emotional distress."
The plaintiffs are seeking judgment in their favor along with pre- and post-judgment interest and all damages recoverable under West Virginia law. They are represented by Faun S. Cushman of Pritt & Spano in Charleston.
Another lawsuit recently was filed against Dunbar alleging excessive force used by two police officers led to a man's death.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00230
