Case KATZ, KANTOR, STONESTREET 8c BUCKNER, PLLC ATTORNEYSATLAW 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 1 of 17 PageID 192 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION JAMIE S. JUSTICE, Plaintiff, v. Civil Action No. 1:17-cv-03967 RALPH W. JUSTUS, JAROD A. TUPPER, CHRIS KANE, and ROBERT DANIEL, individually as members of the West Virginia State Police, Defendants. AMENDED COMPLAINT COMES NOW, Plaintiff Jamie S. Justice, by counsel, and pursuant to the Scheduling Order entered by the Court, ?les his Amended Complaint and states and alleges as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331 and 1343 and under this Court?s authority to decide pendent state law claims. 2. Plaintiff ?les this Complaint, pursuant to 42 U.S.C. 1983, alleging Violations of his constitutional rights. Speci?cally, Plaintiff alleges that his rights under the Fourth, Fifth, Eighth, and Fourteenth Amendment to the United States Constitution and under Article Sections 1, 5, 6, and 10 of the West Virginia Constitution were violated by Defendants when Defendants used excessive force during the course of the detainment of Plaintiff on or about September 30, 2016, in McDowell County, West Virginia. EXHIBIT 1 Case KATZ, KANTOR, STONESTREET s; UCKNER, PLLC ATTORNEYS ATLAW 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 2 of 17 PageID 193 3. Venue is proper because the above-named Defendants reside Within the Southern District of West Virginia and the incidents from which this Complaint arises occurred within the Southern District of West Virginia. PARTIES 4. Plaintiff Jamie S. Justice (hereinafter ??Plaintiff?) was at all times relevant hereto a resident of Panther, McDowell County, West Virginia. 5. Defendant Ralph W. Justus (hereinafter ?Trooper Justus?) was at all times relevant hereto a trooper with the West Virginia State Police and was at all times relevant hereto acting under color of law and within the scope of his employment. Trooper Justus, having an address of 850 Virginia Avenue, Welch, McDowell County, West Virginia, is sued only in his individual capacity. 6. Defendant Jarod A. Tupper (hereinafter ?Trooper Tupper?) was at all times relevant hereto a trooper with the West Virginia State Police and was at all times relevant hereto acting under color of law and within the scope of his employment. Trooper Tupper, having an address of 109 Bratton Avenue, Princeton, Mercer County, West Virginia, is sued only in his individual capacity. 7. Defendant Chris Kane (?Trooper Kane?) was at all relevant times hereto a member of the West Virginia State Police and was at all times relevant hereto acting under color of law and within the scope of his/her employment. Upon information and belief, Trooper Kane was a supervisor of Troopers Justus and Tupper, believed to be stationed in the Welch detachment of the West Virginia State Police. Trooper Kane, having an address of PO. Box 3051, Bluefield, Mercer County, West Virginia, is sued only in his individual capacity. Case 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 3 of 17 PageID 194 8. Defendant Robert Daniel (?Trooper Daniel?) was at all relevant times hereto a member of the West Virginia State Police and was at all times relevant hereto acting under color of law and within the scope of his/her employment. Upon information and belief, Trooper Daniel is a supervisor of Troopers Justus and Tupper, believed to be stationed in the Welch detachment of the West Virginia State Police. Tr00per Daniel, having an address of 128 Beckett Drive, Crab Orchard, West Virginia, is sued only in his individual capacity. 9. Trooper Justus has been involved in numerous other incidents of excessive force, assault, physical violence, and other unlawful acts and abusive practices while acting under color of law and within the scope of his employment as a West Virginia State Police of?cer. Trooper Justus has had several cases pending against him in the United States District Court for the Southern District of West Virginia arising out of said incidents. Upon information and belief, Trooper Justus is also being investigated by state and/or Federal authorities because of these numerous unlawful and violent incidents. 10. Upon information and belief, Trooper Justice is currently on ?administrative leave? from the West Virginia State Police for his unlawful acts and practices while acting under color of law and within the scope of his employment. 11. Defendants Trooper Kane and/or Trooper Daniels, as supervisors of Trooper Justus, knew or should have known about these numerous other incidents of excessive force and violence perpetrated by, or participated in, by Trooper Justus. However, Trooper Kane and/or Trooper Daniels turned a blind to the unlawful conduct of Trooper Justus, thereby allowing him to continue to repeatedly use excessive force and violence toward other individuals, including Plaintiff. KATE. KANTOR, 3 STONESTREET a HLICKNEII. PLUS :1 WORNEYS Case KATZ, KANTOR, STONESTREET s; BUCKNER, PLLC ATTORNEYS AT LAW 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 4 of 17 PageID 195 12. Pursuant to W. Va. Code 55-17?3, a copy of this Complaint was mailed to Attorney General Patrick Morrisey after it was ?led. l3. Defendants are sued up to the limits of the insurance policy which provides liability coverage for their actions and inactions. 14. During the beating, punching, choking, kicking, and/or stomping endured by Plaintiff at the hands, ?sts, and legs of Defendants, Trooper Justus and Trooper Tupper, one or more of Defendants was either involved in the physical beating or watched the abuse without taking any action to intervene. In this Complaint, ?Defendants? will be used to collectively describe the involvement of one or more of the Defendants in either the physical beating of Plaintiff or in the failure to intervene to prevent the other Defendant(s) from injuring Plaintiff. FLTS 15. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 14 as though fully set forth herein. 16. On September 30, 2016, Plaintiff was a passenger in a vehicle driven by his ex-wife, Jody Justice (hereinafter ?Ms. Justice?), on County Route 1 in Panther, West Virginia. Plaintiff and Ms. Justice had just left the home of Plaintiffs cousin, Amanda Hunt (hereinafter ?Ms. Hunt?), and were on the way to the store for food. The couple?s infant child was also in the vehicle with them. 17. At approximately 7:26 the vehicle driven by Ms. Justice was pulled over by Trooper Justus and Trooper Tupper, West Virginia State Police officers working out of the Welch detachment, allegedly for a non-functioning headlight. Troopers Justus and Tupper pulled their police cruiser nose?to?nose with the vehicle instead of behind it. ES Case H. ESTR HHT ii: BUCKN ll. PLUS A :1 MW 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 5 of 17 PageID 196 18. For no apparent reason or probable cause, Troopers Justus and Tupper asked to search Ms. Justice?s car and purse for drugs. 19. Plaintiff, who was a front seat passenger, was asked to produce identi?cation, and when he replied that he did not have any with him, he was asked to step out of the vehicle. Plaintiff was then taken to the back of the police cruiser (away from any dash camera video) by Trooper Tupper. Trooper Justus stayed by the driver?s side window where Ms. Justice remained in the driver?s seat. 20. Behind the police cruiser, Trooper Tupper asked Plaintiff if he had any drugs in his possession. Plaintiff answered in the af?rmative and produced one partial Suboxone strip from his pocket. At which point, Plaintiff was handcuffed by Trooper Tupper. 21. Moments later, Ms. Justice heard Plaintiff screaming for help. Because it was dark and the police cruiser?s headlights were pointed directly at her windshield, she could not see what was happening behind the police cruiser. 22. As Trooper Tupper was putting Plaintiff (handcuffed) into the back of the police cruiser, he, without provocation or justi?cation, grabbed Plaintiff by the hair and violently slammed his head multiple times against the side of the car. Trooper Tupper then got in the backseat of the police cruiser with Plaintiff. 23. In the backseat, Plaintiff screamed out for Ms. Justice to ?call the police,? to which Troopers Justice and Tupper responded with laughter. As the police cruiser driven by Tr00per Justus drove away, Trooper Tupper kneed Plaintiff in the ribs and choked him by the throat until he lost consciousness. Case KATZ. STUN ESTRHET 8L- Hull: A 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 6 of 17 PageID 197 24. According to West Virginia State Police dispatch recordings, a dispatch call was made at 7:38 pm. stating that Troopers Justus and Tupper had a ?male in custody.? This dispatch call does not identify Plaintiff and does not state why he was being taken into custody. 25. When Plaintiff awoke, he was on the ground between two police cruisers at what he believed to be the parking lot of the West Virginia State Police detachment in Welch, West Virginia. There, while on the pavement and handcuffed, Troopers Tupper and Justice repeatedly kicked and stomped Plaintiff and punched him in the back of the head. Plaintiff begged for them to stop. Trooper Tupper then straddled Plaintiff on the ground and again choked him by the throat until he lost consciousness. 26. At no point during his detainment was Plaintiff armed or suspected of being armed. 27. At no point during his detainment did Plaintiff attack or assault Trooper Justus or Trooper Tupper, nor did Plaintiff at any point resist arrest. 28. At no point during his detainment would an objectively reasonable of?cer believe Plaintiff posed a threat to the safety of either Trooper Justus or Trooper Tupper. 29. At 8:44 pm, over an hour after Plaintiff was ?in custody,? Trooper Tupper made a dispatch call attempting to identify Plaintiff. 30. Fifteen minutes later, at 9:01 a dispatch call was made stating that Troopers Justus and Tupper were taking the ?male in custody? to Welch Community HOSpital. 31. When Plaintiff awoke again, he was in the emergency room at Welch Community Hospital in Welch, West Virginia. Case 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 7 of 17 PageID 198 32. Meanwhile, after Plaintiff was taken into custody, Ms. Justice and Ms. Hunt began trying to ?nd out where Plaintiff had been taken. 33. Ms. Justice was told by the West Virginia State Police detachment in Welch that she could bail Plaintiff out the next morning. However, when she arrived the next day, she was told Plaintiff was not there. At which point, she called and found him at Welch Community Hospital. 34. When Ms. Hunt went to the Welch detachment looking for Plaintiff, she was told by a woman working there that ?if he isn?t here, they are probably out beating the crap out of him.? 35. The next morning, October 1, 2016, Plaintiff, fearful of the State Police who had brought him to the hospital, checked himself out of Welch Community Hospital and was taken by Ms. Justice to Princeton Community Hospital, in Princeton, West Virginia. 36. Records from Plaintiff admission at Welch Community Hospital state 93 (.6 that he was suffering from a ?possible concussion or basilar skull fracture, right hemotympanum perforation,? ?cervical sprain,? ?contusion of right shoulder and anterior chest,? neck abrasions and pain, shoulder and clavicle bruising and pain, and lower back abrasions. Medical records from Welch Community Hospital further note that Plaintiff was ?heat up by police.? 37. Records from Princeton Community Hospital diagnose Plaintiff with ?assault,? ?rib fracture,? ?closed head injury,? ?facial contusion,? and ?contusion of multiple sites? after being ?assaulted by the police. . . [at] the Welch detachment.? mu, - srom?zs'ma?'r a 7 BUCKNER. - ATTORNEYS AHAW Case KATZ. 3.: rromurvs AT LAW 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 8 of 17 PageID 199 38. Upon information and belief, prior to the brutal beating in?icted on Plaintiff, another individual named Jamie Justice (no relation to Plaintiff), also from the Mohawk/Panther area of McDowell County, had recently assaulted a West Virginia State Trooper. Upon information and belief, Plaintiffs beating at the hands of Troopers Justus and Tupper was a case of mistaken identity, as the beating was supposed to be delivered upon the other ?Jamie Justice? as retribution for assaulting a West Virginia State Trooper. 39. Two (2) days later, on October 3, 2016, in an apparent attempt to cover- up their unlawful acts, Trooper Justus executed a criminal complaint bringing several false charges against Plaintiff, including battery on an of?cer, obstructing an of?cer, and destruction of property. In his false criminal complaint, Trooper Justice claims that Plaintiff tried to head-butt and kick Trooper Tupper while he was being taken into custody. 40. After the facts of Plaintiff? unlawful detention and beating where brought to light, the McDowell County Prosecutor?s Of?ce dismissed all charges against Plaintiff (McDowell County Magistrate Court, Case No. In yet another attempt to cover-up their unlawful acts, Trooper Justus? false criminal complaint alleges that Plaintiff was taken to Welch Community Hospital because he was exhibiting signs of a drug overdose. However, no medical record from either Welch Community Hospital or Princeton Community Hospital diagnose Plaintiff as having a overdose on the night the incident occurred. To the contrary, as set forth above, medical records from both facilities establish that Plaintiff suffered significant physical injuries after being violently beaten by Troopers Justus and Tupper. 23 Case KATE. EA EST L7. ET Bl ICKNE Ii, Pl .l.C at (.er 1:17-cv-03967 Document 31-1 Filed 04/02/18 Page 9 of 17 PageID 200 42. Later, on February 18, 2017, at approximately 8:00 pm, Plaintiff happened upon Trooper Justus while going into the Panther Cash Carry gas station in Panther, West Virginia. Soon thereafter, Trooper Justus exited the store and waited for Plaintiff. 43. According to surveillance video, at approximately 8:08 pm, Plaintiff exited the store after buying a soft drink, whereupon he was unlawfully detained, frisked, and handcuffed by Trooper Justus in front of the store. Plaintiff asked Trooper Justus repeatedly if he was ?under arrest,? but Trooper Justus never responded. 44. Trooper Justus then took Plaintiff, still handcuffed, over to his parked police cruiser, where he put Plaintiff on the hood of the vehicle and continued his search. Finding nothing, Trooper Justus eventually uncuffed Plaintiff and released him. COUNT I EXCESSIVE FORCE UNDER 42 U.S.C. 81983 45. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 44 as though fully set forth herein. 46. Defendants Trooper Justus and Trooper Tupper, while acting under color of law, violated Plaintiff constitutional rights by using excessive and unlawful force, as described hereinabove, during the stop and detainment of Plaintiff on September 30, 2016, resulting in permanent and debilitating injuries. 47. The actions of Defendants violated the constitutional rights guaranteed to Plaintiff under the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. Ezj Case KATZ. KANTD R. 8: EUGENE-2R. H.112 A. mw l1217-cv-03967 Document 31-1 Filed 04/02/18 Page 10 of 17 PagelD 201 48. The actions of Defendants were not taken in good faith and were in violation of clearly established law. 49. Defendants? brutal acts were unlawful, unreasonable, and unjusti?ed, as Plaintiff was unarmed, not resisting arrest, and posed no immediate threat to the safety of Defendants. 50. Defendants also violated Plaintiffs constitutional rights, as described and identified herein, by failing to intercede and prevent the other Defendant(s) from using excessive and unlawful force during the course of the detainment of Plaintiff on September 30, 2016. 51. As a direct and proximate result of Defendants? brutal, unprovoked, unjusti?ed, and unconstitutional beating, Plaintiff suffered severe, permanent, and debilitating injuries, and will seek compensation for: past and future medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 52. In addition to these compensatory damages, Plaintiff will also seek to recover, under 42 U.S.C. 1983, attorneys? fees and cost incurred during the course of this litigation. 53. The actions of Defendants against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Defendants? applicable insurance policy. -10- Case KATZ, KANTOR, ATTORNEVS AT LAW Document 31-1 Filed 04/02/18 Page 11 of 17 PagelD 202 COUNT II STATE CONSTITUTIONAL VIOLATIONS 54. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 53 as though fully set forth herein. 55. Defendants Trooper Justus and Trooper Tupper, while acting under color of law, violated Plaintiff?s constitutional rights by using excessive and unlawful force, as described hereinabove, during the stop and detainment of Plaintiff on September 30, 2016, resulting in permanent and debilitating injuries. 56. Count II alleges a constitutional tort action under the West Virginia Constitution, pursuant to the common law of West Virginia, and speci?cally is not ?led pursuant to 42 U.S.C. 1983 or any other related federal statute. 57. The actions of Defendants violated the constitutional rights guaranteed to Plaintiff under Article Sections 1, 5, 6, and 10 of the West Virginia Constitution. 58. The actions of Defendants also violated the constitutional rights guaranteed to Plaintiff under the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. 59. The actions of Defendants were not taken in good faith and were in violation of clearly established law. 60. Defendants? brutal acts were unlawful, unreasonable, and unjusti?ed, as Plaintiff was unarmed, not resisting arrest, and posed no immediate threat to the safety of Defendants. 6l. Defendants also violated Plaintiff constitutional rights, as described and identi?ed herein, by failing to intercede and prevent the other Defendant(s) from using -11- Case KATE. MNTOR. STUNESTREET 8c BUCK-NEH. PLLC Document 31-1 Filed 04/02/18 Page 12 of 17 PagelD 203 excessive and unlawful force during the course of the detainment of Plaintiff on September 30, 2016. 62. As a direct and proximate result of Defendants? brutal, unprovoked, unjusti?ed, and unconstitutional beating, Plaintiff suffered severe, permanent, and debilitating injuries, and will seek compensation for: past and future medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 63. The actions of Defendants against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Defendants? applicable insurance policy. COUNT SUPERVISOR LIABILITY UNDER 42 U.S.C. 8 1983 64. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 63 as though fully set forth herein. 65. Defendants Trooper Kane and Trooper Daniel, West Virginia State Police of?cers who supervised Trooper Justus, had actual and/or constructive knowledge that their subordinate, Trooper Justus, was engaged in repeated and pervasive acts of excessive force and violence, while acting under color of law, and thereby posed an unreasonable risk of injury to citizens like Plaintiff. -12- Case STONESTREET s: BUCKNERJHJE ATTORNEYS AT LAW L:17-cv-03967 Document 31-1 Filed 04/02/18 Page 13 of 17 PagelD 204 66. Defendants response to this knowledge of the unlawful, unjusti?ed, and unconstitutional acts of Trooper Justus was so inadequate as to show a deliberate indifference, or tacit authorization, of such abhorrent practices. 67. As a direct and proximate result of Defendants? actions and inactions, Plaintiff suffered severe, permanent, and debilitating injuries, and will seek compensation for: past and future medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 68. In addition to these compensatory damages, Plaintiff will also seek to recover, under 42 U.S.C. 1983, attorneys? fees and cost incurred during the course of this litigation. 69. The actions of Defendants against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Defendants? applicable insurance policy. COUNT IV - BATTERY 70. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 69 as though fully set forth herein. 71. Defendants Trooper Justus and Trooper Tupper committed battery upon Plaintiff, proximately causing severe and debilitation injuries. 72. As a direct and proximate result of Defendants? brutal, unprovoked, unjusti?ed, and unconstitutional beating, Plaintiff suffered permanent and debilitating -13- Case lijl7-cv-03967 Document 31-1 Filed 04/02/18 Page 14 of 17 PagelD 205 ATTORNEYS ATLAW injuries, and will seek compensation for: past and future medical expenses and other economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 73. The actions of Defendants against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Defendants? applicable insurance policy. COUNT - NEGLIGENCE 74. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 73 as though fully set forth herein. 75. At all times relevant hereto, Defendants Trooper Justus and Trooper Tupper owed Plaintiff a duty of care. 76. Defendants, while acting within the scope of their employments, breached their duty of care to Plaintiff. 77. As a direct and proximate result of Defendants? breach of their duty of care, Plaintiff suffered severe and debilitating injuries. 78. Furthermore, to the extent Defendants Trooper Kane and Trooper Daniels are or were supervisors over Trooper Justus and Trooper Tupper, they are negligent in the hiring, supervising, training, and/or retaining of Trooper Justus and Trooper Tupper. 79. As a direct and proximate result of Defendants? brutal, unprovoked, unjusti?ed, and unconstitutional beating, Plaintiff suffered permanent and debilitating injuries, and will seek compensation for: past and future medical expenses and other -14- Case Document 31-1 Filed 04/02/18 Page 15 of 17 PagelD 206 economic and noneconomic damages; pain and suffering both in the past and in the future; an impairment of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 80. The actions of Defendants against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Defendants? applicable insurance policy. COUNT VI INTENTIONAL INFLICTION 0F EMOTIONAL DISTRESS 81. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 80 as though fully set forth herein. 82. The brutal beating of Plaintiff by Defendants Troopers Justus and Tupper was atrocious, intolerable, and so extreme and outrageous as to exceed the bounds of decency. 83. Defendants acted with intent to in?ict emotional distress or acted recklessly when it was certain or substantially certain that emotional distress would result from Defendants? outrageous conduct. 84. Defendants heinous actions caused Plaintiff to suffer severe emotional distress. 85. The emotional distress was so severe, no reasonable person could be expected to endure it. 86. As a direct and proximate result of Defendants? brutal, unprovoked, unjusti?ed, and unconstitutional beating, Plaintiff suffered severe emotional distress; mental and emotional pain and suffering, both in the past and in the future; an impairment KATZ, KANTOR, STONESTREET 8: BUCKNER, PLLC ATTORNEYSATLAW 15 Case 12ii7-cv-03967 Document 31-1 Filed 04/02/18 Page 16 of 17 PagelD 207 of the capacity to enjoy life, both in the past and in the future; annoyance, aggravation, inconvenience, and mental anguish, both in the past and in the future. 87. The actions of Defendants against Plaintiff were reprehensible, willful and wanton, malicious, and in blatant and intentional disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under Defendants? applicable insurance policy. COUNT VII MALICIOUS PROSECUTION 88. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 87 as though fully set forth herein. 89. Defendant Justus ?led a Criminal Complaint against Plaintiff and initiated the Prosecution of Plaintiff maliciously. 90. The Criminal Complaint contained false statements made to cover-up Defendants? unlawful and unconstitutional actions, as set forth above. 91. The Criminal Complaint and prosecution was without reasonable or probable cause. 92. The Criminal Complaint and prosecution of Plaintiff was dismissed by the Magistrate Court of McDowell County. 93. As the direct and proximate result of the malicious prosecution of Plaintiff, he suffered damages, including but limited to, emotional pain and suffering, annoyance, aggravation, inconvenience, mental anguish, and humiliation, as well as damages to his name and reputation. KATZ, KANTOR, STONESTREET - BUCKNE R, PLLC ATTORNEYS ATLAW 16 Case Document 31-1 Filed 04/02/18 Page 17 of 17 PagelD 208 KATZ, KANTOR, STONESTREET a: BUCKNER, PLLC ATTORNEYS ATLAW COUNT FALSE IMPRISONMENT 94. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 93 as though fully set forth herein. 95. On September 30, 2016 and February 18, 2017, Plaintiff was unlawfully and Without legal justi?cation detained and restrained by one or more of the Defendants. 96. As a direct and proximate result of said unlawful detention and restraint, Plaintiff suffered damages, including but limited to, emotional pain and suffering, annoyance, aggravation, inconvenience, mental anguish, and humiliation. WHEREFORE, Plaintiff demands judgment in his favor against Defendants in an amount to be proven at trial, together with pre-judgment and post-judgment interest; for all damages recoverable under law; for punitive damages; for his attorney?s fees, expenses, and costs of litigation; and for such other and further relief this Honorable Court deems just and proper. PLAINTIFF DEMANDS A TRIAL BY JURY. JAMIE S. JUSTICE By Counsel /s/Eric J. Buckner Eric J. Buckner WV State Bare No. 9578 Russell A. Williams WV State Bar No. 12710 Katz, Kantor, Stonestreet Buckner, PLLC 112 Capitol Street Charleston, WV 25301 (304) 431-4053 _17_