In the United States District Court for the Northern District of West Virginia, plaintiff Robert A. Marsh has filed a lawsuit against defendants J.R. Garrett, A. Jordan, L. Johnson, and A. Groves. The case, identified as 1:24-cv-00048-TSK, was filed on April 30, 2024 and alleges violations of Marsh's constitutional rights by the defendants during his arrest on September 17, 2022.
The defendants are members of law enforcement - Garrett is part of the West Virginia State Police while Jordan, Johnson, and Groves are Braxton County Deputy Sheriffs. The plaintiff alleges that during his arrest, he was subjected to excessive and wrongful force by the defendants resulting in physical injuries.
Marsh's complaint details an incident involving Christina Baker, whom he had been dating at the time. He claims that in August 2022 Baker's ex-boyfriend Tre Jordan (brother to defendant A. Jordan) had harassed her at a bar in Sutton, WV while the plaintiff was out of town.
On September 17, 2022, after celebrating a surprise birthday party for a friend of Christina, a group including the plaintiff and Christina decided to go the same bar in Sutton. While in the bar, the plaintiff confronted and touched Tre Jordan in the face regarding the harassment of Christina Baker. Tre declined to go outside to talk. Robert Marsh was escorted outside the bar and began walking down the road away from the bar.
While walking away, the plaintiff realized he had lost his cell phone. He went back to the bar. He once again say Tre Jordan, this time threatening him and jumping a fence to confront him again. The plaintiff was punched by one of Tre Jordan's friends, Levi Jarvis. The punch knocked the plaintiff unconscious. When he awoke, state trooper J.R. Garrett and Braxton county deputies A. Jordan and L. Johnson.
The plaintiff is handcuffed but video evidence shows that the plaintiff had no blood or other visible injuries at that time. The officers cleared the area and closed off doors that lead to the scene. Once out of sight of the bar patrons, the plaintiff alleges that the officers began to assault him by punching and kicking him while he was handcuffed. An ambulance was called later called for the plaintiff.
At the hospital, extensive injuries were revealed to his face and body including broken ribs and facial fractures.
Marsh seeks judgment against the defendants for their alleged violation of his Fourth, Eighth, and Fourteenth Amendment rights under the United States Constitution. He also seeks damages up to the limits of the insurance policy covering defendant J.R. Garrett's actions and inactions.
