CHARLESTON — A formerly incarcerated man is suing the West Virginia Division of Corrections and Rehabilitation and a correction officer for excessive force during his time in prison.
The correctional officer named in the complaint is CO Mark Coss.
Randolph M. Smith claims he was incarcerated at the Northern Correction Facility when Coss shot him in the leg twice with a 40 mm launcher from a close range when he posed no threat on Nov. 20, 2021, according to a complaint filed in Kanawha Circuit Court.
Smith claims the reckless and wrongful acts and omissions of the defendants directly caused injuries to Smith both physically and mentally.
"Plaintiff affirmatively states that he has exhausted all administrative remedies," the complaint states. "Plaintiff further asserts that he is seeking damages from the defendant up to an amount commensurate with the amount of insurance coverage applicable to the claims made herein."
Coss shot the plaintiff without employing efforts to temper, thereby injuring him, and then conspired with other correctional officers to file false incident reports in an attempt to cover up the wrongful conduct, according to the suit.
Smith claims there was video evidence to prove that the defendant used excessive force against him and he required medical treatment at Reynolds Memorial Hospital after the incident.
Coss knew or should have known that his conduct was reasonably certain to cause severe emotional distress as well as physical harm and despite this knowledge, Coss conducted himself in an outrageous manner when he shot the plaintiff twice with a projectile when the plaintiff posed no threat.
"Defendant's conduct was an excessive use of force and amounts to cruel and unusual punishment," the complaint states.
Smith is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Paul M. Stroebel of Stroebel & Stroebel in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-914