CHARLESTON – Two people have filed a petition asking the City of Dunbar to produce public records related to arrests by city police officers.
Roger McKinney and Jessica Carter filed the petition February 6 in Kanawha Circuit Court against the city.
“The ongoing issues with the City of Dunbar have continued to impact the citizens and are deeply troubling,” attorney L. Dante diTrapano said. “Our FOIA laws exist for a reason, and that is to prevent our government from operating in the shadows.
diTrapano
“It is past time for Dunbar to do the right thing and follow the law.”
According to the petition, both McKinney and Carter submitted written requests under the state Freedom of Information Act. But it says both requests were improperly denied.
The filing says both petitioners were involved in separate 2023 arrests in Dunbar. But after misdemeanor city court charges were issued and the FOIA requests were filed, the city has continued to withhold production of documents as well as police body cam or other footage.
“The hearing in this matter is ongoing and has not yet taken place and therefore, that information cannot be released at this time,” City Attorney Stephen P. Swisher responded, according to the petition.
But, the petitioners say there is no continuing investigations, maintaining the investigations concluded with the arrests in August and December.
The petition also says both McKinney and Carter were assaulted by Dunbar officers.
McKinney says he was arrested August 18 and was repeatedly struck by officers, causing injuries that required emergency medical attention.
Carter says she was attempting to help her husband at the scene of an automobile accident December 4 when three Dunbar police officers tackled her to the ground, placed knees on her back, handcuffed her and broke her wrist in addition to inflicting other body injuries.
Attorneys for both petitioners sent written FOIA requests to the city on January 3 and 4 requesting public records and camera footage. Swisher responded January 11 by saying that information could not be released.
“It is unfortunate that the city refused to comply with FOIA and has forced our clients to go to court to get information they are entitled to and that any citizen has a right to receive,” attorney W. Jesse Forbes said. “Our taxes pay for our government to operate and they work for us, not the other way around.
“Sadly, sometimes it takes court action to remind those in the public sector what their duties truly are and to protect our constitutional rights.”
The Dunbar Police Department is no stranger to civil litigation.
A 2022 federal lawsuit was brought against the city and two officers by the family of Michael Scott Jr. who was killed while in police custody. The city settled that case last year for $2 million.
And in December, a Charleston man filed a police brutality lawsuit accusing two Dunbar officers of using excessive force on him outside of police headquarters. Last month, a federal judge ordered default judgment in that case after the defendants didn't file an answer to the complaint.
“The wounds from the Michael Scott Jr. case remain fresh but, unfortunately, instead of trying to help heal them, it appears Dunbar wants to cover up their police action,” diTrapano said. “This type of secret police operation should never be tolerated.
“This information and footage should have been immediately released. The public has a right to see it and judge for itself. No government agency should operate in the dark and particularly after the deeply tragic death of Michael Scott, Jr., one would hope that the City would get it right. It’s unfortunate our clients were forced to file a civil action to enforce their rights when Dunbar could have and should have easily complied with the FOIA laws.
“It’s another sad day for the citizens of Dunbar. They have only wasted more time and resources over what should have been a simple production of public information.”
Forbes agreed.
“The tragedy of the Michael Scott Jr. case should have been an opportunity for change and instead we have seen an ongoing cloak of secrecy by the Dunbar police,” he said. “It’s time to pull back the curtain and expose them to the light of day. FOIA laws are not designed to shield a public agency from scrutiny, in fact it’s quite the opposite.
“As the allegations here maintain, there is simply no justification for hiding these actions from the public. These misdemeanor arrests took place months ago. The complaint makes clear that the investigation was over, and you can’t hold onto public information during the entire pendency of a public hearing process.”
“FOIA laws are designed to prevent the government from hiding things from its citizens. The real question the Complaint brings out is, why won’t they release it?”
The petitioners ask the court to conduct a review of the responsive records and declare the city’s actions unlawful. They also seek injunctions enjoining the city from withholding the records without justification and an order requiring the city to make the records available. They also seek court costs, attorney fees and other relief.
McKinney and Carter are being represented by diTrapano and Charles Bellomy of Calwell Luce diTrapano in Charleston and by Forbes of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 24-P-47