WV Civil Rights Lawyer

Police Misconduct, Civil Rights Law

New Summary of the Sawyer v. Asbury Opinion

I just went back through the Sawyer v. Asbury opinion in this post on the Use of Force Source.  If you have followed the case on this blog, it’s interesting to take a step back and analyze the Court’s ruling as it finds its place in Fourth Circuit excessive force case law.

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April 9, 2014 Posted by | Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Judges, Juries, Lawsuits, Lawyers, Police, Police Misconduct, Trials | Leave a comment

Matthew Cole federal lawsuit settled

For those of you who like to follow cases and not just read headlines about the allegations, I wanted to provide an update on the Matthew Cole case.  It was recently settled, having just been finalized yesterday.  It was originally filed in December 13, 2012.  That is about average from filing to settlement/trial.  It was scheduled to go to trial on March 13, 2014.

All discovery had been completed, including many depositions.  And all dispositive motions, and pretrial motions, had been briefed.  So anyone thinking that these are quick and easy cases to settle would be mistaken.  Most of these cases (and this one was certainly no exception) are hard-fought and highly contested.

March 6, 2014 Posted by | Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Police, Police Misconduct | Leave a comment

Federal civil rights lawsuit filed out of Mercer County, WV, alleging denial of medical care for an epilepsy victim

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January 31, 2014 Posted by | Civil Liability, Denial of Medical Care, Excessive Force, Governmental Liability, John H. Bryan, Lawyers, Police, Police Misconduct | Leave a comment

Media Reports From The “Sadler” Excessive Force Lawsuit

On the filing of the lawsuit:

WV Record

News and Sentinel

WTAP

Charleston Gazette / AP

Prior to the filing of the lawsuit:

News and Sentinel

Charleston Gazette

WTAP

November 22, 2013 Posted by | Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Media Coverage, Police, Police Misconduct | Leave a comment

I’m Back: Another Excessive Force 1983 Lawsuit Filed in Parkersburg, West Virginia

Well, I said I didn’t think I would be returning to Parkersburg.  But wouldn’t you know it, I’m headed back over there.  Here is yet another federal lawsuit filed by myself, and my co-counsel Paul Morrison, for yet another videotaped use of force out of Parkersburg, West Virginia.  This is my fourth time there.  This one was already in the news a few times.  With the closure of the federal courthouse in Parkersburg, this case will be litigated out of the federal courthouse in Charleston.  Maybe had we filed it a couple of days earlier . . . .

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November 20, 2013 Posted by | Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Lawyers, Police, Police Misconduct | Leave a comment

Media Coverage of Pumphrey v. Harrison County Commission, et al.

WV Record:

Man says Harrison County Deputies broke orbital bones, ribs

Charleston Gazette:

Clarksburg man alleges police brutality from 2011 arrest

October 7, 2013 Posted by | Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Lawyers, Media Coverage, Police, Police Misconduct | Leave a comment

New Federal Excessive Force Lawsuit Filed in the Northern District of West Virginia

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October 7, 2013 Posted by | Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Police, Police Misconduct | Leave a comment

Seabolt Case Settled

We settled the Seabolt v. Vensel, et al. case late last week.  The settlement amount was $135,000.00.

Media Reports:

Charleston Gazette on Saturday:

Man to get $135,000 over alleged battery by Parkersburg officer

“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:

$135k settlement reached in brutality lawsuit

WTAP:

Seabolt Settles in Lawsuit Against Parkersburg (also includes video of the incident)

WV Record:

Parkersburg Man Settles Excessive Force Suit for $135K

September 3, 2013 Posted by | Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Lawyers, Media Coverage, Police, Police Misconduct | Leave a comment

Sawyer Case Media Reports

There was a nice article on the front page of the Charleston Gazette this morning about the Sawyer Case.

Ruling Against Wood Deputy in Assault Stands

“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:

Asbury Judgment Upheld on Appeal

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:

Fourth Circuit Affirms Goodwin’s Ruling in Wood County Civil Rights Case

August 14, 2013 Posted by | Appeals, Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Judges, Lawsuits, Lawyers, Media Coverage, Police, Police Misconduct, Trials | Leave a comment

Victory at the Fourth Circuit

We won the Sawyer case at the U.S. Court of Appeals for the Fourth Circuit.  The audio from the oral arguments is one post down.  Here is the opinion.  I have been unable to discuss the case for about a year.  Obviously, this is what has been happening.  I believe this is, and will be, a very important decision.  Although there was no new law created, this has greatly clarified, explained, and set the course, for future excessive force litigation and instruction.

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Our Brief:

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August 13, 2013 Posted by | Appeals, Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Judges, Lawsuits, Lawyers, Police, Police Misconduct, Trials | Leave a comment