Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 1 of 16 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION JAMIE S. JUSTICE, Plaintiff, 1:17-cv-03967 Civil Action No. __________ v. RALPH W. JUSTUS, JAROD A. TUPPER, and JOHN DOE, individually as members of the West Virginia State Police, Defendants. COMPLAINT COMES NOW, Plaintiff Jamie S. Justice, by counsel, and for his Complaint 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 files this Complaint, pursuant to 42 U.S.C. § 1983, alleging violations of his constitutional rights. Specifically, Plaintiff alleges that his rights under the Fourth, Fifth, Eighth, and Fourteenth Amendment to the United States Constitution and under Article III, 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. 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. Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 2 of 16 PageID #: 2 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 John Doe 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. John Doe is a supervisor of Troopers Justus and Tupper, believed to be stationed in the Welch detachment of the West Virginia State Police. For Plaintiff to identify John Doe, Plaintiff will need to conduct some discovery. Once John Doe is identified through discovery, Plaintiff will move to amend this Complaint and substitute John Doe with the individual’s actual name. Defendant John Doe is sued only in his/her individual capacity. 8. 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 officer. Trooper -2- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 3 of 16 PageID #: 3 Justus has 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. 9. Upon information and belief, Trooper Justice is currently under suspension 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. 10. Defendant John Doe, as a supervisor 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, John Doe turned a blind eye to the unlawful conduct of Trooper Justus, thereby allowing him to continue to repeat using excessive force and violence toward other individuals, including Plaintiff. 11. This Complaint was filed after Plaintiff complied with W. Va. Code § 55-17-3, by sending a certified letter to Attorney General Patrick Morrisey and West Virginia State Police Superintendent, Colonel J. L. Cahill on July 14, 2017. 12. Pursuant to W. Va. Code § 55-17-3, a copy of this Complaint was mailed to Attorney General Patrick Morrisey after it was filed. 13. 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, fists, and legs of Defendants, 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 -3- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 4 of 16 PageID #: 4 the Defendants in either the physical beating of Plaintiff or in the failure to intervene to prevent the other Defendant(s) from injuring Plaintiff. FACTS 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 Plaintiff’s 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 p.m., 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. 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 identification, 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. -4- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 5 of 16 PageID #: 5 20. Behind the police cruiser, Trooper Tupper asked Plaintiff if he had any drugs in his possession. Plaintiff answered in the affirmative 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 justification, 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 Trooper Justus drove away, Trooper Tupper kneed Plaintiff in the ribs and choked him by the throat until he lost consciousness. 24. According to West Virginia State Police dispatch recordings, a dispatch call was made at 7:38 p.m. 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. -5- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 6 of 16 PageID #: 6 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 officer believe Plaintiff posed a threat to the safety of either Trooper Justus or Trooper Tupper. 29. At 8:44 p.m., 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 p.m., 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. 32. Meanwhile, after Plaintiff was taken into custody, Ms. Justice and Ms. Hunt began trying to find 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. -6- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 7 of 16 PageID #: 7 36. Records from Plaintiff’s admission at Welch Community Hospital state 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 “beat 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.” 38. Upon information and belief, prior to the brutal beating inflicted 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, Plaintiff’s 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 officer, obstructing an officer, 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’s unlawful detention and beating where brought to light, the McDowell County Prosecutor’s Office dismissed all charges against Plaintiff (McDowell County Magistrate Court, Case No. 16-M27M-01067). -7- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 8 of 16 PageID #: 8 41. 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. 42. Later, on February 18, 2017, at approximately 8:00 p.m., 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 p.m., 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. §1983 45. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 44 as though fully set forth herein. 46. Defendants, 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. -8- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 9 of 16 PageID #: 9 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. 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 unjustified, as Plaintiff was unarmed, not resisting arrest, and posed no immediate threat to the safety of Defendants. 50. Defendants also violated Plaintiff’s 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, unjustified, 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. -9- Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 10 of 16 PageID #: 10 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, 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 specifically is not filed 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 III, 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 unjustified, as Plaintiff was unarmed, not resisting arrest, and posed no immediate threat to the safety of Defendants. 61. Defendants also violated Plaintiff’s 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. 62. As a direct and proximate result of Defendants’ brutal, unprovoked, unjustified, and unconstitutional beating, Plaintiff suffered severe, permanent, and debilitating injuries, and - 10 - Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 11 of 16 PageID #: 11 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 III – SUPERVISOR LIABILITY UNDER 42 U.S.C. § 1983 64. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 63 as though fully set forth herein. 65. Defendant John Doe, a West Virginia State Police officer who supervised Trooper Justus, had actual and/or constructive knowledge that his 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. 66. Defendant John Doe’s response to this knowledge of the unlawful, unjustified, 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 Defendant John Doe’s 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 - 11 - Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 12 of 16 PageID #: 12 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 committed battery upon Plaintiff, proximately causing severe and debilitation injuries. 72. As a direct and proximate result of Defendants’ brutal, unprovoked, unjustified, and unconstitutional beating, Plaintiff suffered 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. 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. - 12 - Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 13 of 16 PageID #: 13 COUNT V - 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 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 Defendant John Doe is a supervisor over Trooper Justus and Trooper Tupper, he/she is 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, unjustified, and unconstitutional beating, Plaintiff suffered 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. 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. - 13 - Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 14 of 16 PageID #: 14 COUNT VI – INTENTIONAL INFLICTION OF 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 was atrocious, intolerable, and so extreme and outrageous as to exceed the bounds of decency. 83. Defendants acted with intent to inflict 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, unjustified, and unconstitutional beating, Plaintiff suffered severe emotional distress; mental and emotional 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. 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. - 14 - Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 15 of 16 PageID #: 15 89. Defendant Justus filed 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 92. The Criminal Complaint and prosecution of Plaintiff was dismissed by the cause. 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. COUNT VIII – 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 justification 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. - 15 - Case 1:17-cv-03967 Document 1 Filed 09/11/17 Page 16 of 16 PageID #: 16 PLAINTIFF DEMANDS A TRIAL BY JURY. JAMIE S. JUSTICE By Counsel /s/Russell A. Williams_________________ 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 - 16 - JS 44 (Rev. 06/17) Case 1:17-cv-03967 Document 1-1 Filed 09/11/17 Page 1 of 1 PageID #: 17 CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Jamie S. Justice Ralph W. Justus, Jarod A. Tupper, and John Doe, individually as members of the West Virginia State Police (b) County of Residence of First Listed Plaintiff McDowell County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) McDowell (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Eric J. Buckner and Russell A. Williams; Katz, Kantor, Stonestreet & Buckner, PLLC., 112 Capitol Street, Suite 200, Charleston, WV 25301; 304-431-4050 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) u 1 U.S. Government Plaintiff u 3 Federal Question (U.S. Government Not a Party) u 2 U.S. Government Defendant u 4 Diversity (Indicate Citizenship of Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State u 1 u u u u u u 2 u 2 Incorporated and Principal Place of Business In Another State u 5 u 5 Citizen or Subject of a Foreign Country u 3 u 3 Foreign Nation u 6 u 6 u u u u u u u u u u u u u u u u u u u u u u u Click here for: Nature of Suit Code Descriptions. TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property u u u u u u u PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Citizen of Another State IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT DEF u 1 FORFEITURE/PENALTY PERSONAL INJURY u 365 Personal Injury Product Liability u 367 Health Care/ Pharmaceutical Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: u 463 Alien Detainee u 510 Motions to Vacate Sentence u 530 General u 535 Death Penalty Other: u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition u 560 Civil Detainee Conditions of Confinement u 625 Drug Related Seizure of Property 21 USC 881 u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Management Relations u 740 Railway Labor Act u 751 Family and Medical Leave Act u 790 Other Labor Litigation u 791 Employee Retirement Income Security Act BANKRUPTCY u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157 PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 835 Patent - Abbreviated New Drug Application u 840 Trademark SOCIAL SECURITY u 861 HIA (1395ff) u 862 Black Lung (923) u 863 DIWC/DIWW (405(g)) u 864 SSID Title XVI u 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRS—Third Party 26 USC 7609 IMMIGRATION u 462 Naturalization Application u 465 Other Immigration Actions OTHER STATUTES u 375 False Claims Act u 376 Qui Tam (31 USC 3729(a)) u 400 State Reapportionment u 410 Antitrust u 430 Banks and Banking u 450 Commerce u 460 Deportation u 470 Racketeer Influenced and Corrupt Organizations u 480 Consumer Credit u 490 Cable/Sat TV u 850 Securities/Commodities/ Exchange u 890 Other Statutory Actions u 891 Agricultural Acts u 893 Environmental Matters u 895 Freedom of Information Act u 896 Arbitration u 899 Administrative Procedure Act/Review or Appeal of Agency Decision u 950 Constitutionality of State Statutes V. ORIGIN (Place an “X” in One Box Only) u 1 Original Proceeding u 2 Removed from State Court u 3 u 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Remanded from Appellate Court u 4 Reinstated or Reopened u 5 Transferred from Another District u 8 Multidistrict Litigation Direct File 42 U.S.C. § 1983 VI. CAUSE OF ACTION Brief description of cause: violations of constitutional rights when Defendants used excessive force during the detainment of Plaintiff u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE CHECK YES only if demanded in complaint: u Yes u No JURY DEMAND: DEMAND $ DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD /s/Russell A. Williams 09/11/2017 FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE