WV Civil Rights Lawyer

Police Misconduct, Civil Rights Law

FYI – new WV Supreme Court case: you can get a DUI on private property, on an ATV

An attorney friend if mine in my county told me about this case he had.  Apparently it was in the news and I missed it.  But I think it bears repeating.  A client of his was injured driving an ATV on his family’s (private) property.  He was charged with DUI.  The local court system threw the criminal charge out.  But the gestappo-esque DMV proceeded to suspend his license and litigate the matter all the way to the WV Supreme Court.

The Supreme Court ruled that the WV DUI statute applies anywhere in the state, including on your own private property – even on an ATV.  God bless the nanny state.  I feel safer already.

Read the opinion here.

Read the Charleston Gazette-Mail article on the opinion here.

November 7, 2016 Posted by | Uncategorized | Leave a comment

Excessive force lawsuits filed against West Virginia State Police troopers

As reported in the Charleston Gazette-Mail this morning, last week we filed two new excessive force lawsuits against West Virginia State Police troopers.  Both suits have the same primary defendant trooper.  An excerpt from the article:

Two men claim in separate lawsuits filed in federal court that they were beaten in a hallway with no surveillance cameras inside the Welch detachment of the West Virginia State Police.

Aaron Akers claims in a lawsuit filed Friday that State Police Trooper Ralph Justus broke Akers’ back during a beating inside the detachment. Akers is also suing Trooper B.D. Gillespie, who he claims was in a nearby room with Akers’ brother and could hear the beating but did nothing to stop it.

Antonio Tolliver filed a separate lawsuit Oct. 27 against Justus, as well as Troopers Christopher Kane and Jacob Mann and another trooper who has yet to be identified.

Tolliver claims he was brutally beaten by the troopers two years ago in the hallway, which is located outside the booking room.

Both Tolliver and Akers are represented by Monroe County lawyer John Bryan, who said Friday that he is encouraging any witnesses to the alleged incidents involving Akers and/or Tolliver, or any similar incidents, to contact him. Sgt. Michael Baylous, a spokesman for the State Police, did not return requests for comment Friday or Sunday.

– See more at: http://www.wvgazettemail.com/news-cops-and-courts/20161106/lawsuits-claim-state-police-beatings-in-welch#sthash.wLxxCKom.dpuf

November 7, 2016 Posted by | Uncategorized | Leave a comment