BLUEFIELD — A man who was incarcerated at Stevens Correctional Center is suing the McDowell County Commission and several correctional officers for excessive force and causing him injuries.
Sgt. Aaron Cantrell, Cpl. Nicholas Culbertson and Correctional Officers Andrew Frazier and David Mullins were the officers named in the suit.
James Thomas McGraw was incarcerated at Stevens Correctional Center and on Sept. 22, 2020, the defendants were acting within the scope of their employment when they used excessive force and assaulted and battered him, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
McGraw claims the McDowell County Commission is a fault for its failure to properly train and supervise the defendants in the proper establishment and execution of policies, practices, procedures, and customs concerning, among other things, the treatment of inmates and violations of constitutional rights of those individuals in custody at the Stevens Correctional Center.
"These repeated and chronic failures rise to a level of custom or policy that subject inmates to repeated events of excessive and unnecessary force. Defendant McDowell County Commission is aware of these constitutional violations but fails to take steps to prevent these issues from reoccurring," the complaint states.
The defendants deployed multiple rounds from the 40mm launcher into his cell when he was posing no threat and they also deployed multiple shots with a pepper ball gun and caused him harm, according to the suit.
McGraw is seeking compensatory and punitive damages. He is represented by Paul M. Stroebel of Stroebel & Stroebel.
In answer to the complaint, four of the defendants — Frazier, Mullins, Culbertson and Cantrell — denied the claims.
"These Defendants deny that they are individually liable to the Plaintiff for the claims asserted in this civil action," the Jan. 3 answer states. "These Defendants are immune from any claim for punitive damages asserted in the Complaint."
The officers argue that they are entitled to qualified and/or good faith immunity from liability because they acted lawfully in all actions they took regarding the plaintiff.
The officers want the complaint dismissed. They are represented by Jacob D. Layne and Benjamin B. Vanston of Pullin, Fowler, Flanagan, Brown & Poe in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 1:22-cv-00334