CHARLESTON — A man is suing the West Virginia Division of Corrections and Rehabilitation for an alleged unprovoked attack by correctional officers.
Johnny Wilson, CO II David Ewing, Cpl. Chayse Brown, Cpl. Snodgrass, CO I Tanner Sears, Sgt. Michael Shaffer, Kt. Mitchell and Cpl. Seth Summers were also named as defendants in the suit.
Cody Graham was incarcerated at Mount Olive Correctional Center and on Aug. 2, 2020, he was locked in his cell and asked that he could call his mother for her birthday, but was refused, according to a complaint initially filed in Kanawha Circuit Court. It was then removed to U.S. District Court for the Southern District of West Virginia.
Graham claims while he was complaining, Shaffer sprayed him with O.C. spray without any warning, despite not being a danger to anyone.
Due to the plaintiff's mental state, he was unable to dress himself to be taken out of his cell and the defendants assembled an extraction team, with Summers filming, according to the suit.
Graham claims the defendants entered the cell and slammed him to the floor and he was beaten, punched, kicked, kneed and his extremities were pulled and manipulated to the point of breaking.
"Plaintiff was crying and pleading for the beating to stop," the complaint states. "Plaintiff was dragged from his cell naked and badly beaten. As a result of the vicious and malicious beating, Plaintiff suffered a severe fracture to his right humerus. Plaintiff also suffered T1-T2 spine fractures, a left rib fracture, periorbital contusion, subconjunctival hemorrhage, blurry vision and nerve damage."
He claims the the defendants' conduct was outrageous and caused him emotional distress.
Graham is seeking compensatory and punitive damages. He is represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston.
The case is assigned to District Judge Irene Berger.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00467
