CHARLESTON — A former inmate is suing the West Virginia Division of Corrections and Rehabilitation alleging he was injured by a correctional officer who executed cruel and unusual punishment.
Cpl. David Gregory was also named as a defendant in the suit.
Damien McDougal was incarcerated at Huttonsville Correctional Center and on Sept. 6, 2021, he was locked inside his cell after he'd been involved in an altercation with another inmate earlier that day, according to a complaint filed in Kanawha Circuit Court.
McDougal claims Gregory and CO Dennis came to his cell and handcuffed him to take him to segregation and he complied. He claims while in the hallway, he and Gregory began to argue and Gregory pushed his handcuffed hands toward his head, putting pressure on his hands and making it difficult for him to balance.
Gregory then slammed the plaintiff to the floor and proceeded to punch and strike him while he was on the ground, causing him serious physical injuries, according to the suit.
McDougal claims the conduct violated state law and DOC policy and procedure. He claims the defendants also violated his Eighth Amendment rights.
McDougal is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston.
Kanawha Circuit Court case number: 23-C-782