CHARLESTON — A former inmate is suing the West Virginia Division of Corrections and Rehabilitation claiming he was injured by two officers exercising excessive force.
The DOCR, Correctional Officer Richard Haddix and Sgt. Simmons were all named as defendants in the suit.
Aurtez Rushton was an inmate at Huttonsville Correctional Center and while he was incarcerated, the defendants exercised excessive force on him, causing him injuries, according to a complaint filed in Kanawha Circuit Court.
Rushton claims on July 11, 2022, he was repeatedly punched, struck and kicked by the defendants and sprayed with O.C. spray.
"Defendants Haddix and Simmons were acting under the color of state law at all times relevant herein," the complaint states.
Rushton claims while he was on the ground, Simmons pointed his taser at him and ordered him to roll onto his stomach and Simmons then stomped his foot onto his back before placing him in handcuffs.
Rushton claims he suffered serious physical injury and lost a year of good time as a result of the false complaints against him.
Rushton is seeking compensatory and punitive damages. He is represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 23-C-800