CHARLESTON — A formerly incarcerated man is suing the West Virginia Division of Corrections and Rehabilitation and a correctional officer for excessive force used against him.
Jimmey Lambert was an inmate at Central Regional Jail and was injured by excessive force from Correctional Office Jacob Belknap on Sept. 19, 2020, according to a complaint filed in Kanawha Circuit Court.
Lambert claims he was coming back from outside recreation and entered the B6 and B7 sally port when Belknap pushed him and they began arguing.
"Other correctional officers arrived shortly after and Plaintiff dropped down on his knees and put his hands on his head so that he could be placed in handcuffs," the complaint states. "When Plaintiff was in this position, Defendant Belknap struck plaintiff in his head multiple times with his knee and threatened to kill the Plaintiff."
Lambert claims he suffered serious physical injuries to his head, face and neck as a result of being kneed in the head and face by Belknap.
Belknap's conduct was carried out without just cause and was so outrageous and intentional and caused severe bodily injury, severe emotional distress, humiliation, embarrassment, mental distress and loss of personal dignity, according to the suit.
Lambert claims Belknap conducted himself in an unlawful manner and used excessive force that amounted to cruel and unusual punishment.
"As a result of this conduct, Plaintiff suffered serious physical injury to his head, face and neck area," the complaint states. "Plaintiff also suffered severe mental anguish, embarrassment, humiliation and physical injury and has otherwise been greatly damaged through defendant's violation of his rights..."
Lambert claims DOC failed to comply with legislative rules, policies and procedures and breached its obligations.
Lambert is seeking compensatory and punitive damages. He is represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston.
Kanawha CIrcuit Court case number 22-C-767