On the filing of the lawsuit:
Prior to the filing of the lawsuit:
This is my 300th post, and unfortunately a sad one.
I was disappointed to see in the Charleston Gazette this morning that the federal courthouse in Parkersburg, West Virginia is closing up shop. I think I tried the last jury trial ever in that courthouse, which was the first trial there in around three years, if I recall correctly. The article says something to the effect that it couldn’t keep up with modern technology. Actually, we used all the modern technology which you would expect in a modern-day jury trial, including “ELMO” machines and video footage. They did have to bring the devices from Charleston for the trial – which was not a big deal.
One piece of modern technology which didn’t work there however, was the mute button on Judge Goodwin’s microphone. So he told the jurors to loudly talk amongst themselves whenever he said “beep” so that we could have side bar conferences. It worked amazingly well – in fact probably much better than a mute button. And everyone got a kick out of it.
The last day is this Friday. R.I.P. Parkersburg Federal Courthouse.
We settled the Seabolt v. Vensel, et al. case late last week. The settlement amount was $135,000.00.
Charleston Gazette on Saturday:
“I first became involved with civil rights issues in Parkersburg in June of 2010,” Bryan said after the settlement was reached. “With this settlement, I sincerely believe that these issues will not be coming up again. We’ve been through three years of federal court litigation, three six-figure settlements, two jury trials and two trips to the U.S. Fourth Circuit Court of Appeals.
“I’ve interacted with local leaders, police officers, citizens, local lawyers and Charleston defense lawyers, and I believe everyone is on the same page regarding Parkersburg’s future — which means that my time in Parkersburg has probably come to an end.
“Joshua Vensel is a good person who made one mistake. I uncovered no evidence of any prior acts of excessive force by him. In the end, he did right by Mr. Seabolt, and I have no doubt he will go on to lead a successful life. Lastly, I want to thank my co-counsel Michele Rusen and my opposing counsel Jim Muldoon for being great lawyers who are not afraid to do the right thing,” he said.
Parkersburg News and Sentinel:
Seabolt Settles in Lawsuit Against Parkersburg (also includes video of the incident)
There was a nice article on the front page of the Charleston Gazette this morning about the Sawyer Case.
“Today the citizens of West Virginia, Maryland, Virginia North Carolina and South Carolina have more constitutional protections than they did yesterday,” John Bryan, Sawyer’s attorney, wrote in a statement.
“As a result of today’s ruling, which affirmed the District Court for the Southern District of West Virginia, law enforcement officers will be taught to treat people differently, and that if they fail to do so, there will be consequences. Because of Brian Sawyer, and the federal court system, millions of people have more freedom. And that is something I am very proud of.”
There was also an article in the Parkersburg newspaper:
Well, off to another trial this morning.
ETA: We won the property dispute trial. We have been very blessed to have streak of wins in WV state-law easement disputes. Although they might seem boring, they are quickly becoming one of my favorite types of cases, second only to civil rights cases. I do enjoy interesting criminal cases. However, I do not enjoy the stress of gambling with someone’s liberty. I much rather prefer property rights or money. The worse case scenario is never the end-of-the-world.
Also an article in the WV Record:
This was the headline, and accompanying photograph, seen after our recent hearing in the Mineral County, WV felony prosecution of John and Tonya Cozatt. They are being prosecuted for several felonies for selling potpourri in their nutrition stores which allegedly contained “synthetic marijuana”. The newspaper just couldn’t resist labeling the products as “Bath Salts”, which of course have been all over the national news due to incidents such as the face-eating incident in Florida.
The actual article makes it clear that the case has nothing to do with “bath salts”. But if you look at the link I provided above under the photograph, you can see how they mentioned “Bath Salts” or “Salts” in three different areas surrounding the article. It’s like the media labeling every gun, regardless of what it actually is, an “AK-47″ or an “assault rifle.” In the end, it poisons the jury pool. In all of these pre-trial articles, people are seeing “bath salts, bath salts, bath salts.” And in the national media they are seeing endless stories on people on bath salts doing crazy things. Is it really necessary to sensationalize something that is innocuous as a nutrition store selling potpourri? As the article notes, law enforcement had no idea the potpourri may have contained illegal compounds prior to having it analyzed by a laboratory:
Attorney John H. Bryan, representing the Cozatts, questioned Paterline about the packaging of the substance, noting that none of the packages said it was synthetic marijuana or meant to be smoked.
Bryan also asked Paterline if he could tell when he purchased the substances if they were illegal or not, and he said he could not.
An article in the West Virginia Record commented on several West Virginia Supreme Court Justices, Justices Ketchum and Davis in particular, giving an attorney a “tough time” during oral arguments:
The examination of Attorney L. during oral arguments was so one-sided that Ketchum even suggested to attorney Thomas M., who represented Pullman and Structural, not say anything that would lose him the case.
And when Tiffany D., who was arguing for Ershigs, reminded the justices that the party harmed by the sanctions was AEP and not the law firms that handled the case, Ketchum responded, “You don’t think AEP has a nice malpractice suit against their lawyers?”
This brought back memories. I was once before the WVSC for oral arguments and my opponent was given a really “tough time”. After they finished, they told him to sit down, pointed at me, and told me to stand up, it was my turn. I looked at them and said, “your honors, I think I’ll just quit while I’m ahead.” One of the same Justices said “I think that’s a good idea”. So I basically just sat down.
A couple of weeks ago I posted about a criminal case in Greenbrier County in which we obtained an outright dismissal less than a week prior to the felony jury trial. It was in the news this morning that state legislators are seeking to create a new law in response to the case:
This video is great. It shows the anti-gun and ignorant Bray Cary, with the State Journal, absolutely owned by Keith Morgan, of the West Virginia Citizens Defense League. Bravo!
The State Journal’s website offered this promo for the segment:
DECISION MAKERS: Bray Cary takes on the gun rights debate
On this week’s edition of The State Journal’s Decision Makers, host Bray Cary takes on the need for semi-automatic weapons with Keith Morgan with the West Virginia Citizens Defense League.
Thank you Mr. Cary for taking on our “need” for semi-automatic weapons. I hope you learned something in your embarrassing display of ignorance and arrogance. While you’re at it, are there other constitutional rights you feel that we don’t need? Do we really need the First Amendment with people like you on television?
Unfortunately we lost at jury trial. But we just received an order from the Federal Judge overturning the jury verdict and granting judgment in our favor. There will be a new trial to determine damages. Yes!
Update: Link to newspaper article.
2nd Update: Gazette article by Zac Taylor. Some excerpts:
In his order filed Friday afternoon, Goodwin recalled the Los Angeles riots in 1991, sparked after a jury acquitted Los Angeles police officers in the beating of Rodney King despite video footage of the incident.
“The public had seen the tape. The Los Angeles riots ensued,” Goodwin wrote in the order. “Here and now, as there and then, the jury did what they thought was right but simply got it wrong.”
The judge said that law enforcement officers are constitutionally prohibited from inflicting “unnecessary and wanton pain and suffering” on detainees. He said that case law also prohibits officers from using physical force in response to chatter from detainees.
. . .
“The video clearly shows Deputy Asbury punching Mr. Sawyer in the face,” Goodwin wrote, “with the force of his blow knocking Mr. Sawyer’s face to the side.”
. . .
Asbury resumed choking Sawyer. The deputies then took Sawyer to the floor, went out of view for the camera for a short period before returning, and leaving the man on the floor, Goodwin said.
Sawyer stayed on the floor while the officers apparently went on with other tasks, Goodwin said. After a while, Sawyer managed to sit up. He was later taken to the hospital with a fractured nose.. . .
During the trial, Sawyer’s lawyer, John H. Bryan, asked the judge to make a ruling on the case based on the video. Goodwin said that he had “grave concerns” that the testimony of the officers involved contradicted the footage.
“I said in response to the motion that I was reminded of the Marx Brothers’ ‘Duck Soup’ movie, in which the heiress confronts Chico Marx dressed as Groucho and says ‘I saw’, and he replies ‘Who are you going to believe, me or your own eyes?’ ” the judge wrote.
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