CHARLESTON — An inmate is suing the West Virginis Division of Correction and Rehabilitation alleging officers used excessive force on him and caused him injuries.
Cpl. Cody Slider, Cpl. Jamie Cisler, Sgt. Marshall Tallman and unknown and unnamed individuals were also named in the suit.
Ray Justis was an inmate at St. Mary's Correctional Center. On Nov. 26, 2020, the defendants used excessive force against him by slamming his head repeatedly into the glass windows, spraying him without cause with OC spray, and securing him in too-tight handcuffs that injured his wrists and hands, according to a complaint filed in Kanawha Circuit Court.
Justis claims the defendants were acting within the scope of their employment and under the color of state law during the incident.
"The reckless, willful and intentional acts of the defendants resulted in plaintiff being injured," the complaint states. "Plaintiff is currently incarcerated and affirmatively states that he has exhausted his administrative remedies."
Justis claims the defendants violated the WVDOC's policy and procedures, as well as the Eighth Amendment of the U.S. Constitution.
"At no time was plaintiff a threat to the defendants and at no time did plaintiff threaten the defendants," the complaint states.
Justis claims the defendants' actions were outrageous and the defendants knew or should have known that their conduct was reasonably certain to cause severe emotional distress, as well as physical harm.
The use of force on Justis and the striking of his head on the wall/window when he posed no threat to himself or others was a violation of the plaintiff's rights under the Eighth Amendment of the U.S. Constitution to be free from unreasonable intrusions on his bodily integrity.
"Defendants' threats and use of excessive force on a compliant inmate demonstrates the retaliatory nature of the excessive force as well as malicious intent," the complaint states.
Justis is seeking compensatory and punitive damages. He is represented by Paul M. Stroebel of Stroebel & Stroebel in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 22-C-575