CHARLESTON – A federal judge has entered a default judgment in a Dunbar police brutality lawsuit after none of the defendants filed an answer to the complaint.
U.S. District Judge Joseph R. Goodwin filed the order January 26, noting the City of Dunbar and Officers Todd Hannah and Zachary Winters “failed to answer or otherwise defend this action in a timely manner.”
Goodwin orders attorneys for plaintiff Anthony Reese to file necessary documents and arrange for an evidentiary hearing to facilitate the default judgment.
Joseph R. Goodwin
| File photo
Reese filed his complaint December 21 against Dunbar, Hannah, Winters and other unnamed city officers.
Winters was one of the officers at the heart of a 2022 federal lawsuit brought by the family of man who was killed while in police custody. The city settled that case earlier this year for $2 million.
Attorney L. Dante diTrapano represented Reese, and he represented Michael Scott Jr.’s family in the settled case.
“The officers of the Dunbar Police Department continue their reign of terror over the citizens of their city,” attorney L. Dante diTrapano told The West Virginia Record at the time of the filing of the Reese lawsuit. “It is incomprehensible that these officers are still employed by the department, and the people of that community cannot fathom why they are still patrolling their streets.
“Anthony Reese was the latest victim in a series of despicable displays of excessive force by DPD officers. They punched him repeatedly in the head and face causing a permanent brain injury and severe psychological damages.”
DiTrapano declined comment on Goodwin’s default judgment order.
According to the complaint, Reese went to the Dunbar Police Department just before 8 p.m. on December 3, 2022, after receiving a phone call from an officer because he had left a book there on a prior unrelated occasion. Reese says he also planned to speak to Winters about prior instances of harassment by Hannah and other officers.
As he approached, Reese says Hannah exited the building and walked across the street to a parked car. When he noticed Reese, he asked him why he was there. The interaction was captured on DPD security cameras and in part on Hannah’s body camera.
Reese told Hannah he was there to talk to Winters. Hannah told him Winters wasn’t there, and Reese turned and walked in the direction from which he came. The interaction took less than 30 seconds.
“As Mr. Reeese walked away, defendant Hannah closed the car door and walked back toward the DPD entrance,” the complaint states. “As he approached the DPD entrance, defendant Hannah turned off his body camera. However, the DPD security camera continued to film after defendant Hannah deactivated his body camera.”
The security footage then show Hannah briefly operating his police radio before calling out to Reese, who stopped and turned to face Hannah from about 20 feet away. The footage shows Hannah walk toward Reese before grabbing him, throwing him to the ground and striking him several times.
“The DPD security camera video shows that, while Mr. Reese was face down and being assaulted by defendant Hannah, an additional six DPD officers, including defendant Winters, ran from the DPD and crowded closely around Mr. Reese,” the complaint states. “Officer body cam footage shows the DPD officers hitting Mr. Reese while loudly cursing, calling Mr. Reese a ‘fucking stupid bitch’ and otherwise assaulting him without cause.”
After about two minutes, Hannah pulled Reese to his feet and placed him under arrest. Winters took Reese into DPD. Video footage shows Reese was bleeding heavily from his head.
One of the officers called EMS to assess Reese. He was transported to Thomas Memorial Hospital for treatment with Winters escorting him. He was treated for multiple contusions and abrasions caused by blunt force trauma to the head, face, scalp, chest, abdomen, back and knees. He was discharged and transported to South Central Regional Jail where he spent three days in the medical unit.
In the police report, Hannah wrote that Reese approached him and feared Reese was trying to retrieve a weapon “so I tossed my radio onto the ground and struck (Reese) five times in the right side of his ribcage.” It also says a knife was found in Reese’s pocket.
Winters’ body cam footage shows him telling Thomas Hospital employees Reese “basically charged at the other officer and threatened to fight him.” The arrest report also says Reese was “swaying back and forth” and smelled of an alcoholic beverage.
The complaint notes the DPD security footage “clearly shows” Hannah pursued Reese. It also says no knife was located at the scene or placed into evidence in connection with Reese’s arrest. Reese denies ever having a knife during the incident. Reese also tested negative for alcohol at both the hospital and jail.
Reese says Hannah had no probable cause to pursue him, and he had no outstanding warrants.
In the case that settled for $2 million, video footage showed Winters slam an already handcuffed Scott head-first to the pavement in a move that Winters called a “suplex.” Winters and Officer Adam Mason then denied Scott’s pleas for medical treatment for hours, and Scott slowly succumbed to a fatal brain injury while Winters and Mason made jokes and lied to health care workers about the cause of Scott’s fatal injury.
The complaint says Reese’s attorneys suspect Mason will be identified through discovery as one of the other officers who joined in attacking him.
“Identical to the Scott case, the Dunbar police officers lie about the circumstances surrounding the beat down claiming Anthony was drunk, carrying a knife, and was the aggressor,” diTrapano previously told The Record. “Video footage from the DPD external security camera reveals the truth of the encounter – that Anthony Reese was assaulted without cause or provocation.
“The video clearly shows Mr. Reese walking away from officer Todd Hannah, and Hannah calling to and pursuing Anthony after first disabling his own body camera. The station video shows Hannah initiate the attack on Anthony, and shows Winters and five other officers join the attack after Anthony is facedown and helpless. The incident report filed after the use of force bears no similarity to the video footage of the incident. Just an hour later, Anthony Reese tested negative for alcohol at Thomas Memorial Hospital.
“These officers conduct is an abomination, and we look forward to seeing them and the City of Dunbar in court.”
Reese accuses the individual defendants of excessive force and civil conspiracy, and he accuses the city of negligent training and negligent supervision. He also files a Monell claim against the city, meaning the city is responsible for the actions of its employees.
He seeks compensatory damages, special damages, pre- and post-judgment interests, attorney fees, court costs and other relief. He also seeks punitive damages from Hannah, Winters and the yet unnamed DPD officers.
Reese is being represented by diTrapano and Charles Bellomy of Calwell Luce diTrapano in Charleston and by W. Jesse Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:23-cv-00805