WHEELING — A Wheeling woman has filed a federal lawsuit against the City of Wheeling, alleging police officers violated her civil rights when they wrongfully arrested her for a crime committed by someone else with a similar name.
Ashley Anna Cooper claims the city’s officers failed to conduct a reasonable investigation, leading to her being mistakenly charged with battery and subjected to an unjust arrest and detention, according to a complaint filed in December in U.S. District Court for the Northern District of West Virginia at Wheeling.
The case stems from a Dec. 17, 2021 incident at Northwood Health Systems in Wheeling.
According to a criminal complaint prepared by Officer Cody McCormick, a woman identified as "Ashley Cooper" allegedly struck another individual, Megan Duerr, three times during an intensive outpatient program session.
Witnesses reportedly corroborated the allegations.
However, the complaint omitted critical identifying details, such as the middle name, date of birth or Social Security number of the alleged assailant.
The lawsuit highlights that the accused in the incident was not Ashley Anna Cooper but rather Ashley Marie Cooper, another individual residing in the Wheeling area with a similar name, the complaint states.
Despite clear differences in personal details—such as their middle names, dates of birth and physical descriptions—the plaintiff alleges that police negligently linked her to the crime without verifying the facts.
Nearly a year later, on Nov. 13, 2022, Ashley Anna Cooper was arrested at her home after calling the police for assistance in a domestic dispute.
Officers conducting a warrant search found an active warrant tied to the December 2021 battery case.
Cooper was taken into custody and transported to the West Virginia Northern Regional Jail, where she was released on a $1,000 personal recognizance bond later that day.
Cooper’s lawsuit claims she was unaware of the charges against her until the arrest and was not present at the scene of the alleged crime.
Her defense counsel later presented evidence confirming she had been at an appointment at the time of the incident.
In January 2023, the prosecuting attorney dismissed the battery charge after determining the accused was actually Ashley Marie Cooper.
The complaint accuses McCormick and his field training officer, Sgt. Young, of recklessly disregarding the truth and failing to perform a basic cross-reference of identifying information.
The plaintiff argues that had they done so, the mistake would have been avoided.
The lawsuit asserts violations of Cooper’s Fourth and Fourteenth Amendment rights, including unlawful search and seizure and arbitrary deprivation of liberty.
Cooper claims she has suffered emotional distress, reputational damage, and financial losses due to the wrongful arrest.
Cooper is seeking compensatory and punitive damages, attorneys’ fees and other relief deemed appropriate by the court. She is represented by P. Zachary Stewart of Carey & Stewart in Weirton.
The plaintiff's attorney did not respond to a request for comment before publication.
The city of Wheeling and its police department have not yet commented on the pending litigation.
The case is assigned to U.S. District Judge John Preston Bailey.
U.S. District Court for the Northern District of West Virginia at Wheeling case number: 5:24-cv-00230