WV Civil Rights Lawyer

Police Misconduct, Civil Rights Law

Several of my Federal Lawsuits Against West Virginia State Police Troopers In the News

A couple of days ago, the Charleston Gazette-Mail did an expose’ story on a series of 4 lawsuits against a West Virginia State Trooper.  3 of those lawsuits were my cases. They are now settled.

Accusations, lawsuits mount against WV State Police trooper

Four men have sued the same West Virginia State Police trooper in federal court over the past 18 months, alleging he beat them and caused broken ribs, concussions and spinal damage.

Senior Trooper Ralph Justus has been on paid administrative leave for a year, as he is the subject of an active internal investigation, according to State Police. No allegations in the lawsuits line up with the March 2017 administrative change.

Two of the men who sued Justus, Aaron Akers and Antonio Tolliver, settled their lawsuits last December for a combined total of nearly $190,000. Justus allegedly beat the two men in the hallway of the State Police detachment in Welch, beyond the range of building security cameras. Their settlements note they are resolutions of disputed claims, and the defendants are not admitting liability.

Another alleged victim of a hallway beating from Justus, Michael Ferguson, signed a settlement agreement for $75,000 earlier this month. A judge still needs to formally dismiss the case.

A funny part of the story, at least in a sad-funny sort of way, is that the defendant trooper was named “Policeman of the Year” by a local American Legion post.  This was for 2017.  According to the article, he was on administrative leave for  9 months of 2017, presumably due to allegations of misconduct.  Low bar, I guess.

Frank Cooley, a member of the post, spearheaded efforts to find a state trooper to award. He said while he did not remember Justus by name, the post generally makes its picks by calling a branch’s commandeer, asking for recommendations and voting on the shortlist internally. Two lawsuits had been filed against Justus months before the post issued its award.

Frank, you had ONE JOB.

 

March 26, 2018 Posted by | Civil Liability, Excessive Force, John H. Bryan, Lawsuits, Media Coverage, Police, Police Misconduct, Uncategorized | Leave a comment

Civil Rights Trial in Federal Court in Charleston This Week

Starting tomorrow, the Carpenter civil rights case will be tried before a jury in federal court in Charleston.

The U.S. District Court for the Southern District of West Virginia already issued an order finding that the Carpenters civil rights were likely violated, and ordering the case to trial:

Carpenter v. Perry (S.D. W. Va., 2017)

December 4, 2017 Posted by | Civil Liability, John H. Bryan, Searches and Seizures, Trials | Leave a comment

3rd place in brute strength strongman competition

I recently competed in the USS Strongman Brute Strength competition in Norfolk , Virginia and ended up in 3rd place in The Open Heavyweight division.

 

image

 

 

August 28, 2016 Posted by | John H. Bryan | Leave a comment

Monroe County Jury Verdict in Elder Financial Abuse Case

Last week I tried a four day jury trial in the Circuit Court of Monroe County, West Virginia, for a 98 year old lady named Isadora Beavers. On July 23, 2013, she walked into my office in her black and white polka dot dress, and hat, and demanded to see me. She told me that she had a power of attorney whom she suspected was stealing from her. She told me that her power of attorney was also the Vice President of her bank, and that she had been unable to get copies of her bank statements. That same day I helped her revoke the power of attorney and, at her request, demanded copies of ten years of her bank records from her bank.

Shortly afterwards she fell and was admitted into the hospital. I visited her in the hospital and told her what I had found in the past few years of her bank records – primarily lots of “cash” checks. I asked her if she spent much cash. She told me no, that she grew up in the Great Depression era and was thrifty with her money. She did admit that she indulged in getting a fancy haircut every once and awhile. And she liked to eat at Shoney’s. I told her that a deed existed giving her power of attorney joint ownership of all of her real estate, with a right of survivorship. She said, no, that property was supposed to go to her family after her death.

Not long after she began to decline pretty quickly. She started to suffer from dementia. Family members arrived in the area and petitioned the court to become her guardians and conservators, which was granted. They later contacted me and asked me to get the real estate back so they could finance the best possible medical care for Isadora. We demanded the return of the real estate. The response from the ex-power of attorney was that she would deed the property back, but wanted a release from liability in exchange for it. Not surprisingly, this offended pretty much all of Isadora’s relatives, and they gave me the go-ahead to sue her.

Last week, we presented the overwhelming evidence to the jury. They returned with a plaintiffs’ verdict on all counts: fraud, breach of fiduciary duty, conversion and unjust enrichment. They awarded $326,771.06 in damages against the defendant, Betty B. Brown. That included $175,000.00 of punitive damages.

In my closing argument, I asked the jury to send a message that financial abuse of the elderly will not be tolerated. I believe they sent that message loud and clear.  By the way, all money collected is going to Isadora to fund her medical care and expenses.  The defendant is going to be reasonable for paying all of our attorney fees and expenses as well.

Media Reports:

Former bank exec is liable in elder abuse suit

Jury awards $325K to elderly victim of financial abuse

State woman to pay $325,000 in elder abuse case

In the courtroom with some of Isadora Beavers’ nieces and nephews immediately following the verdict:

IMG_4623 copy

December 19, 2014 Posted by | Civil Liability, Corruption, Embezzlement, Financial Abuse of Elderly, Fraud, John H. Bryan, Juries, Lawsuits, Lawyers, Media Coverage, Trials | Leave a comment

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.

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

New Online Resource for Use of Force law

I started a new website called “Use of Force Source” at UseofForceSource.com.  The purpose is to establish an online resource to discuss and compile Fourth Circuit federal case law, and U.S. Supreme Court case law on the use of physical force – both police situations and self defense situations.  I have already listed a bunch of black letter law on excessive force in the Fourth Circuit (so Virginia, West Virginia, Maryland, North Carolina and South Carolina).  It will be a blog format, and will be specific to use of force cases.  My intention is to post about specific cases, going over the facts, as well as the law.  I also like to listen to the oral argument audio since it gives you much more insight into the case and the reasoning behind the Court’s decisions.

I already posted my first post today, discussing the November of 2013 Fourth Circuit opinion from Ayala v. Wolfe, which was a police shooting case.

March 20, 2014 Posted by | Appeals, Civil Liability, Concealed Weapons, Excessive Force, John H. Bryan, Lawyers, Police, Police Misconduct, Self Defense | 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

View this document on Scribd

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 . . . .

View this document on Scribd

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