BECKLEY – A Fayette County man says he sustained life-changing injuries following an unjustified police chase that resulted in an accident.
Jeremy Sanger filed his complaint January 27 in federal court against Brandon Dodrill, Tyler Hogan and the City of Oak Hill. Dodrill and Hogan are officers with the Oak Hill Police Department.
“This is another instance of police officers violating the law and their own policies when it comes to pursuing a motorcycle,” attorney L. Dante diTrapano told The West Virginia Record. “The need to apprehend this suspect of a traffic violation against the risk of injury to him or the public is the balancing test and it’s not even close.
diTrapano
“This was a nine-mile chase that ended in Mr. Sanger suffering a catastrophic brain injury and severe damage to his leg requiring over a dozen surgeries.”
According to the complaint, Sanger was operating a motorcycle on Jones Avenue in Oak Hill on September 15, 2021, when Dodrill says he saw Sanger “driving erratic and reckless at one point being on the sidewalk.” Dodrill activated his emergency lights and gave chase. It says he pursued Sanger onto West Virginia 61, also known as Deepwater Mountain Road, reaching speeds in excess of 100 mph.
The complaint says Dodrill pursued Sanger beyond the boundaries of Oak Hill through the unincorporated areas of Lick Fork, Wriston and Ingram Branch. It also says Dodrill reported Sanger passed at least nine vehicles “at various areas including curves and double yellow lines” while Dodrill continued to pursue him at dangerously high speeds.
At one point, dispatch for the Oak Hill PD relayed a clear order for Dodrill to terminate his pursuit of Sanger, according to the complaint.
“That order was audible from defendant Dodrill’s patrol car radio and is audible on footage from defendant Dodrill’s body camera at time stamp 19:23:18,” according to the complaint. “Defendant Dodrill did not respond to or comply with the order to terminate pursuit.
“Instead, defendant Dodrill continued to pursue Mr. Sanger at speeds exceeding 80 miles per hour … until Mr. Sanger was wrecked in a ditch at the side of WV 61 due to these actions.”
Dodrill found Sanger unconscious in a ditch several feet from the road and, after calling EMS, improperly cut and removed Sanger’s helmet, the complaint states.
“Dodrill, with the assistance of defendant Hogan and two bystanders, dragged the unconscious Mr. Sanger, without any spinal immobilization, closer to the edge of the roadway and rolled him onto his back,” the complaint states.
When Sanger regained consciousness, he began calling for help and saying his “neck hurts so bad” and was in pain. He said he couldn’t feel anything else but pain in his neck despite obvious injuries to his left arm and leg.
The complaint says Dodrill informed dispatch he was pursuing a black sports bike with a Black male driver. After Sanger wrecked and was awaiting EMS help, Dodrill told fellow officers twice that “we just indicted him today.”
Sanger is white and had no outstanding warrants and had not been indicted that day.
“Dodrill appears to have mistaken Mr. Sanger for someone else and, in violation of clearly established law, engaged an improper pursuit that caused Mr. Sanger’s wreck,” the complaint states. “Defendant Dodrill and defendant Hogan then engaged in further injurious behavior in neglecting the medical needs of Mr. Sanger, using improper force and improperly seizing Mr. Sanger’s person and engaging in physical acts that caused severe and permanent injury and exacerbated other injuries. …
“The sole reason that defendant Dodrill provided for his unreasonably dangerous pursuit was a vague allegation of reckless driving.”
Sanger says he sustained severe and permanent injuries including a massive brain injury that is expected to cause lifelong neurological complications and a leg injury that has required more than 12 surgical procedures so far. He says he remains in a physical rehabilitation facility and will require extensive rehab for the foreseeable future.
He says he has suffered compensatory damages that include medical bills, loss of income, severe emotional distress, mental anguish, embarrassment, loss of enjoyment of life, humiliation, disfigurement and physical pain and suffering.
Sanger accuses Dodrill and the city of gross negligence and reckless disregard in operation of a motor vehicle. He accuses Dodrill of assault and battery. He accuses the city of reckless conduct, and he accuse all defendants of depravation of his constitutional rights.
He seeks compensatory, general and punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
Sanger is being represented by diTrapano and Charles Bellomy of Calwell Luce diTrapano in Charleston and by W. Jesse Forbes and Jennifer Taylor of Forbes Law Offices in Charleston as well as by Luke H. Rubenstein and Sonny Johnstone of Johnstone & Gabhart in Charleston. The case has been assigned to District Judge Irene Berger.
U.S. District Court for the Southern District of West Virginia case number 2:23-cv-00069
