CHARLESTON — A man is suing the West Virginia Division of Corrections claiming he was injured by a correctional officer who used excessive force.
Sgt. Coleman was also named as a defendant in the suit.
Bradley Ellis was incarcerated at St. Mary's Correction Center and Coleman was employed by WVDOC as a correctional officer at SMCC, according to a complaint filed in Kanawha Circuit Court.
In September 2022, Ellis claims he was assaulted by Coleman when Coleman threw playing cards in Ellis' face.
Ellis claims he told Coleman he was being disrespectful and Coleman then ordered him to get on the wall and handcuffed him, then began throwing him around, pushing him into the wall and the door.
"The attack continued while plaintiff was completely defenseless," the complaint states. "During the beating, defendant repeatedly threatened and taunted plaintiff. The conduct of defendant was such that through his training and legal precedent, defendant would have known that such conduct violated West Virginia Corrections policy and procedure as well as plaintiff's constitutional rights."
Ellis claims the defendants violated the U.S. Constitution and caused him humiliation and emotional distress.
The defendant knew or should have known that his conduct was outrageous and wrongful, according to the suit.
Ellis is seeking compensatory and punitive damages. He is represented by Paul M. Stroebel of Stroebel & Stroebel in Charleston.
On April 24, Coleman filed a notice of petition for removal to federal court. He is seeking the case to be removed to U.S. District Court for the Southern District of West Virginia.
In his petition, Coleman argues that the complaints against him are federal in character and should proceed in federal court.
Coleman is represented by Samuel M. Bloom and John P. Fuller of Bailey & Wyant in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-208
