Devon Ray Stanton has filed a lawsuit against Dep. Cory S. Welcome, Dep. Harper, and the Berkeley County Commission in the United States District Court for the Northern District of West Virginia (Case 3:24-cv-00043-GMG). The case, dated April 11, 2024, alleges the use of excessive force by the defendants on April 11, 2022.
Stanton, a resident of Martinsburg, West Virginia was pursued by law enforcement officers due to an outstanding warrant. The pursuit ended with Stanton's car running off the road into grass without causing any injuries. The plaintiff claims that he complied with all police instructions and posed no threat to the officers or anyone else at the scene.
However, according to Stanton's complaint, Defendant Welcome deployed his K9 without warning or leash which proceeded to attack both him and a State Trooper at the scene. Despite being unarmed and non-aggressive, Stanton was subjected to two rounds of K9 attacks while Defendant Harper held him down. Following this incident, he was handcuffed and taken to hospital for treatment of severe injuries sustained during the attack.
The plaintiff is seeking justice for his severe physical injuries including permanent scarring from dog bites and emotional trauma leading to PTSD as a result of this incident. He accuses defendants of violating his Fourth Amendment rights under 42 U.S.C Section 1983.