CHARLESTON — A man is suing a correctional officer claiming he used excessive force and caused him harm.
Correctional Officer Harvey and John Does were named as defendants in the suit.
Duane Allen Dale on April 28, 2021, was in his cell at Southwestern Regional Jail when he and his cellmate were removed for allegedly attempting to escape, according to a complaint filed in Kanawha Circuit Court.
Dale claims he was placed in an interview room where he was supervised by Harvey and he was directed by Harvey to face the wall, which he complied in doing so.
Dale claims the door was opened and another CO said something to him and told him to look at him when he was talking to him, however, when he turned his head, he was sprayed with OC.
"Plaintiff was later taken to another cell where was not properly decontaminated," the complaint states. "Plaintiff repeatedly requested decontamination but was denied. Defendants refused plaintiff a shower despite being informed that plaintiff was being burned by the chemicals and was unable to see."
When Dale was finally taken to the shower, he was pushed to the floor after having his head pushed into the wall and the COs turned the shower on hot, which made the OC spray worse.
"Plaintiff suffered shortness of breath, burning of his skin and severe emotional distress for an extended period of time as a result of being sprayed and not properly decontaminated," the complaint states. "Plaintiff alleges that the spraying and use of hot water was done for the purpose of punishment.
Dale claims the defendants used excessive force and caused him damages.
Dale 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 Joanna Tabit.
Kanawha Circuit Court case number: 23-C-360
