Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 1 of 9 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA At Charleston TONY A. MEADE, Plaintiff, 2:19-cv-00647 Civil Action No. ---------- V. BARRY MYNES, JR., in his individual capacity as a Logan County Deputy Sheriff; B. D. COBB, in his individual capacity as a Logan County Deputy Sheriff; J. SHEPPARD, in his individual capacity as a City of Logan police officer; and J. TINCHER, in his individual capacity as a City of Logan police officer, Defendants. Defendants. COMPLAINT For his COMPLAINT against Defendants Barry Mynes, Jr., in his individual capacity as a Logan County Deputy Sheriff; B. D. Cobb, in his individual capacity as a Logan County Deputy Sheriff; J. Sheppard, in his individual capacity as a City of Logan police officer; and J. Tincher, in his individual capacity as a City of Logan police officer, Plaintiff Tony A. Meade states the following: Jurisdiction 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1334 and under the Court's authority to decide pendent state law claims. Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 2 of 9 PageID #: 2 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, 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 and wrongful force during the course of arresting Plaintiff on or about September 20, 2017. Parties 3. Plaintiff Tony A. Meade at all times relevant to this COMPLAINT was a resident of Mingo County, West Virginia. 4. Defendant Barry Mynes, Jr.,is sued in his individual capacity as a Logan County Deputy Sheriff and at all times alleged herein, Defendant Barry Mynes, Jr., was acting under color of law and within the scope of his employment. 5. Defendant B. D, Cobb is sued in his individual capacity as a Logan County Deputy Sheriff and at all times alleged herein, Defendant B. D. Cobb was acting under color of law and within the scope of his employment. 6. Defendant J. Sheppard is sued in his individual capacity as a City of Logan police officer and at all times alleged herein, Defendant J. Sheppard was acting under color of law and within the scope of his employment. 7. Defendant J. Tincher is sued in his individual capacity as a City of Logan police officer and at all times alleged herein, Defendant J. Tincher was acting under color of law and within the scope of his employment. 8. This COMPLAINT focuses on the unreasonable use of force by one of Defendants, who kicked Plaintiff in the head at a time when Plaintiff was lying face down on the 2 Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 3 of 9 PageID #: 3 ground, handcuffed, with two officers on his back. Theoretically, the officer kicking Plaintiff in the head is liable for his acts while the other officers at the scene, who failed to intervene or take any action to prevent the kicking, can be held liable for their own inactions. The challenge in many police beating cases is identifying which specific officer committed which particular act. Although a video of the unreasonable use of force exists, a copy of which will be provided, where the contents of this video will be incorporated into this COMPLAINT by reference, the facts in this case will need to be developed in discovery to identify the specific officers involved and what role they played. In a document provided by Defendant Mynes to Logan County Prosecuting Attorney John W. Bennett, Defendant Mynes identified the Defendants named in this COMPLAINT as being the law enforcement officers involved in the chase and arrest of Plaintiff. Due to the inability of Plaintiff to identify specifically which officer committed which acts, in this COMPLAINT, the word "Defendants" often will be used collectively to describe the involvement of one or more of these Defendants either in the physical beating of Plaintiffor in the failure to intervene to prevent the other Defendants from injuring Plaintiff. Facts 9. On September 20, 2017, Plaintiff was driving a Nissan pickup truck in Mingo County, West Virginia, was wearing his seat belt and shoulder harness when some of Defendants began chasing him with their emergency lights activated. 10. This chase ended in Logan County, West Virginia, where Plaintiffs truck was stopped by the actions of some of Defendants, using their police vehicles. 3 Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 4 of 9 PageID #: 4 11. As a result of these actions, Plaintiff's truck and two of Defendants' police vehicles collided with each other. 12. After he was stopped, some of Defendants pulled Plaintiff out of his truck and threw him face down on the ground. 13. After Plaintiff was handcuffed and had two of Defendants on his back, one of Defendants kicked Plaintiff in the head a couple of times. 14. While one of Defendants was kicking Plaintiffin the head, the other two Defendants took no action to intervene or stop the kicking. 15. At some point during this interaction with Defendants, Plaintiff was rendered unconscious for a brief period of time. 16. After he was placed under arrest, Plaintiff was taken to the emergency room at the Logan Regional Medical Center. 17. Plaintiff suffered a fracture of his nasal bones, facial lacerations in his cheek and temporomandibular area, swelling in his right and left eyes and right wrist, pain in his left and right hands, and pain in his left shoulder. 18. After performing various tests and suturing Plaintiff's right eyebrow, he was released from medical care and taken to jail. 19. Since this incident, Plaintiff has suffered frequent headaches. COUNTI 42 20. u.s.c. §1983 Plaintiff hereby realleges and incorporates by reference each and every allegation made in paragraphs 1 through 19 of this COMPLAINT. 4 Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 5 of 9 PageID #: 5 21. Defendants, while acting under color of law, violated Plaintiff's constitutional rights. 22. The actions of Defendants violated the constitutional rights guaranteed to Plaintiff under the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution. 23. The actions of Defendants were not taken in good faith, were in violation of clearly established law, and were fraudulent, malicious, or otherwise oppressive. 24. Defendants violated Plaintiff's constitutional rights, as described and identified herein, by using excessive and wrongful force during the course of arresting Plaintiff on or about September 20, 201 7. 25. Defendants also violated Plaintiff's constitutional rights, as described and identified herein, by failing to intercede and preventing the other Defendants from using excessive and wrongful force during the course of arresting Plaintiff on or about September 20, 2017. 26. As a proximate result of Defendants' unconstitutional actions, Plaintiff seeks to recover damages to compensate him for: A. Physical pain and suffering, past and future; B. Mental pain and suffering, past and future; C. Permanent injuries; D. Past and future medical bills; E. Scarring; F. Humiliation, embarrassment, and degradation; G. All other injuries proven by a preponderance of the evidence proximately caused by Defendants. 5 Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 6 of 9 PageID #: 6 27. In addition to these compensatory damages, Plaintiff also seeks to recover, under 42 U.S.C. §1988, the attorneys' fees and costs incurred during the course of this litigation. 28. In an effort to prevent other similarly situated individuals from suffering the same violation of their constitutional rights, Plaintiff further seeks to have the Court order Defendants to undergo additional training and education addressing Defendants use ofexcessive and wrongful force, the development ofpolicies to preclude such actions in the future, and the implementation of discipline against Defendants to hold them accountable for their wrongful actions. 29. Furthermore, Defendants' conduct was carried out with a conscious, reckless and outrageous indifference to the health, safety and welfare of Plaintiff, thereby justifying an award of punitive damages. COUNT II STATE CONSTITUTIONAL TORT 30. Plaintiff hereby realleges and incorporates by reference each and every allegation made in paragraphs 1 through 29 of this COMPLAINT. 31. 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. 32. 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. 6 Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 7 of 9 PageID #: 7 33. The actions of Defendants also violated the constitutional rights guaranteed to Plaintiff under the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution. 34. The actions of Defendants were not taken in good faith, were in violation of clearly established law, and were fraudulent, malicious, or otherwise oppressive.. 35. Defendants violated Plaintiffs constitutional rights, as described and identified herein, by using excessive and wrongful force during the course of arresting Plaintiff on or about September 20, 2017. 36. Defendants also violated Plaintiffs constitutional rights, as described and identified herein, by failing to intercede and preventing the other Defendants from using excessive and wrongful force during the course of arresting Plaintiff on or about September 20, 2017. 37. As a proximate result of Defendants' unconstitutional actions, Plaintiff seeks to recover damages to compensate him for: A. Physical pain and suffering, past and future; B. Mental pain and suffering, past and future; C. Permanent injuries; D. Past and future medical bills; E. Scarring; F. Humiliation, embarrassment, and degradation; G. All other injuries proven by a preponderance of the evidence proximately caused by Defendants. 7 Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 8 of 9 PageID #: 8 38. In an effort to prevent other similarly situated individuals from suffering the same violation of their constitutional rights, Plaintiff further seeks to have the Court order Defendants to undergo additional training and education addressing Defendants use ofexcessive and wrongful force, the development of policies to preclude such actions in the future, and the implementation of discipline against Defendants to hold them accountable for their wrongful actions. 39. Furthermore, Defendants' conduct was carried out with a conscious, reckless and outrageous indifference to the health, safety and welfare of Plaintiff, thereby justifying an award of punitive damages. COUNTIII NEGLIGENCE 40. Plaintiff hereby realleges and incorporates by reference each and every allegation made in paragraphs 1 through 39 of this COMPLAINT. 41. Defendants and agents and employees were negligent in the performance of their duties within the scope of their employment and such negligence was the proximate cause of Plaintif:f s injuries. 42. As a proximate result of Defendants' negligence, Plaintiff seeks to recover damages to compensate him for: A. Physical pain and suffering, past and future; B. Mental pain and suffering, past and future; C. Permanent injuries; D. Past and future medical bills; 8 Case 2:19-cv-00647 Document 1 Filed 09/09/19 Page 9 of 9 PageID #: 9 E. Scarring; F. Humiliation, embarrassment, and degradation; G. All other injuries proven by a preponderance of the evidence proximately caused by Defendants. 43. Furthermore, Defendants' conduct was carried out with a conscious, reckless and outrageous indifference to the health, safety and welfare of Plaintiff, thereby justifying an award of punitive damages. PRAYER WHEREFORE, based on the above stated facts, Plaintiff Tony A. Meade respectfully requests that this Honorable Court award all damages, including attorneys' fees and costs, to Plaintiffto compensate him for the injuries he suffered as a proximate result of Defendants' actions and inactions. Plaintiff also seeks an award of punitive damages to deter other similarly situated law enforcement officers from committing similar acts. Finally, Plaintiff seeks whatever equitable relief the Court deems appropriate, such as requiring Defendants to undergo additional training and education addressing Defendants use of excessive and wrongful force, the development of policies to preclude such actions in the future, and the implementation of discipline against Defendants to hold them accountable for their wrongful actions. PLAINTIFF RESPECTFULLY REQUESTS A TRIAL BY JURY. TONY A. MEADE, Plaintiff, --By Counsel- Isl Lonnie C. Simmons Lonnie C. Simmons (W.Va. I.D. No. 3406) DIPIERO SIMMONS MCGINLEY & SIMMONS, PLLC P.O. Box 1631 Charleston, West Virginia 25326-1631 (304) 342-0133 lonnie.simmons@dbdlawfirm.com 9 Case 2:19-cv-00647 Document 1-1 Filed 09/09/19 Page 1 of 1 PageID 10 is 44 (Rev. 02119) . CIVIL COVER SHEET The 44 civil cover sheet and the information contained herein neithere refplace nor supplement the ?ling and service of pleadings or other papers as required bylaw, except as provided by local rules of court This form, approved by the Judicial Con erence of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil dbcket sheet. (SEE INSTRUCTIONS 0N NEXTPA GE OF THIS FORM.) I. PLAINTIFFS DEFENDANTS Tony A. Meade Barry Mynes, Jr., 13.13. Cooper, J. Sheppard, J. Tincher County of Residence of First Listed Plaintiff M0nroe County of Residence of First Listed Defendant Logan (EXCEPT IN US. PLAINTIFF CASES) (IN US. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE. LOCATION OF THE TRACT OF LAND INVOLVED. Address, and Ter?cphone Number) Attorneys (y'K?own) Di'Piero Simmons McGinley Bastress PLLC o. a 1) ctigaciasliisit (W 255m 304? 342? 0153 II. BASIS OF JURISDICTION (Place on. in One Box Only) CITIZENSHIP OF PRINCIPAL PARTIES {Place on in One Boxfor Planar)" (For Diversity Cases Oniy) and One Boxfor De?ndan? Ci 1 US. Government Federal Questlon PT DEF DE Plaintiff (US. Government Not a Party) Citizen of This State 2 ?x Incorporated or Principai Place 4 El 4 of Business In This State Cl 2 US. Government 13 4 Diversity Citizen of Another State 2 Cl 2 Incorporated and Principal Place 5 Ci 5 Defendant (Indicate Citizenship of Parties in Item HI) oi?Business In Another State Citizen or Subject of a 13 3 Cl 3 Foreign Nation Cl 6 CI 6 Foreign Country IV. NATURE OF SUIT (Place an in One Box only) Click here for: Nature of Suit Code Descri tions 1 10 Insurance PERSONAL IN URY PERSONAL INJURY 13 625 Drug Related Seizure Cl 422 Appeal 28 USC 158 CI 375 False Claims Act Cl 120 Marine El 310 Airplane El 365 Personal Injury - of Property 21 USC 881 CI 423 Withdrawn130 Miller Act 315 Airplane Product Product Liability E1 690 Other 28 USC 15'! 3729(a}) CI 140 Negotiable Instrument Liability 367 Health Carerr CI 400 State Reapportionment :1 150 Recovery of Overpayment 1:1 320 Assault, Libel 3: Pharmaceutical we 13 410 Antitrust Enforcement of Judgment Slander Personal Injury CI 821} Copyrights CI 430 Banks and Banking 15] Medicare Act 330 Federal Employers? Product Liability El 830 Patent CI 450 Commerce 152 Recovery of Defaulted Liability Cl 368 Asbestos Personal 835 Patent Abbreviated C1 460 Deportation Student Loans 13 340 Marine Injury Product New Drug Application [3 470 Racketeer In?uenced and (Excludes Veterans} 345 Marine Product Liability CI 840 Trademark Corrupt Organizations Ci 1 53 Recovery of Overpayment Liability PERSONAL PROPERTY E1 480 Consumer Credit of Veteran?s Bene?ts 13 350 Motor Vehicle Cl 370 Other Fraud El 710 Fair Labor Standards Ci 861 HI A (1.395130 [1 485 Telephone Consumer 13 160 Stockholders? Suits 355 Motor Vehicle El 3371. Truth in Lending Act CI 862 Black Lung (923} Protection Act 13 190 Other Contract Product Liability El 380 Other Personal El 7120 Labor?lzlanagement 863 (405(gJ) El 490 CableISar TV Cl 195 Contract Product Liability El 360 Other Personal Property Damage Relations Cl 864 SSH) Title XVI El 850 SecuritiestomrnoditicsI C1 196 Franchise Injury El 385 Property Damage El 740 Railway Labor Act El 865 RSI {405(g)) Exchange Cl 362 Personal Injury Product Liability El 751 Family and Medical El 890 Other Statutory Actions Medical Mal ractice Leave Act El 891 Agricultural Acts . . . --. El 790 Other Labor Litigation an: 893 Environmental Matters Ci 210 Land Condemnation 440 Other Civil Rights I Habeas Corpus: El 791 Employee Retirement 870 Taxes (U.S. Plaintiff El 895 Freedom of Information CI 220 Foreclosure CI 441 Voting CI 463 Alien Detainee Income Security Act or Defendant) Act 230 Rent Lease Ejectrnent 442 Employment 510 Motions to Vacate El 871 IRS?Third Party 896 Arbitration E1 240 Torts to Land CI 443 Housing! Sentence 26 USC 7609 El 899 Administrative Procedure CI 245 Tort Product Liability Accommodations El 530 General Actr?Review or Appeal of 290 A11 Other Real Property 445 Amer. wlDisabilities 13 535 Death Penalty . . Agency Decision Employment Other: 462 Naturalization Apphcatlon CI 950 Constitutionality of E3 446 Amer. waisabilities - Ci 540 Mandamus Other 13 465 Other Immigration State Other E3 550 Civil Rights Actions 448 Education 555 Prison ConditiOn El 560 Civil Detainee - Conditions of Con?nement V. ORIGIN (Place an in One Box 03192) Original El 2 Removed from 3 Remanded from El 4 Reinstated or Cl 5 Transferred from El 6 Multidistrict 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation Transfer Direct File Cite the Edi-find; x?l a not cite jurisdictional statutes unless diversity: 5 ?04? Cal Vl\ rfzI?AV, $15419" VI. CAUSE OF ACTION VII. REQUESTED IN CHECK IF THIS Is A CLASS ACTION DEMAND 3 CHECK YES only tr (1.3de in complaint: COMPLAINT: UNDER RULE 23, F-R-CV-P- JURY DEMAND: Yes RELATED IF ANY JUDGE DOCKET NUMBER DATE a iq/ SIGNATUR VB FOR OFFICE USE ONLY RECEIPT AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case 2:19-cv-00647 Document 1-2 Filed 09/09/19 Page 1 of 2 PageID 11 A0 440 (Rev. 06!] 2) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of West Virginia Tony A. Meade Plainti??s) V. Barry Mynes, Jr., B.D. Cooper, J. Sheppard and J. Tincher Civil Action No. Defendant(s) IN A CIVIL ACTION Barry Mynes, Jr. Logan County Sheriff's Of?ce 300 Stratton Street Logan, WV 2560 T02 (Defendant ?5 name and address) A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff? attorney, whose name and address are: . . -. Lonnie C. Simmons DiPiero Simmons McGinley Bastress PLLC PO. Box 1631 Charleston, WV 26326 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. CLERK OF COURT Date: (19/09/2019 Signature ofCEerk or Deputy Clerk Case 2:19-cv-00647 Document 1-2 Filed 09/09/19 Page 2 of 2 PageID 12 A0 440 (Rev. 061?12) Summons in-a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be ?led with the court unless required by Fed. R. Civ. P. 4 This summons for (name of individual and title, gfany) was received by me 011(date) I personally served the summons on the individual at (place) on (date) or CI 1 left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual?s last known address; or I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) 01" I returned the summons unexecuted because Other (speCI?J): My fees are for travel and for services, for a total of 000 I declare under penalty of perjury that this information is true. Date: Server ?3 signature Printed name and title Server ?5 address Additional information regarding attempted service, etc: Case 2:19-cv-00647 Document 1-3 Filed 09/09/19 Page 1 of 2 PageID 13 A0 440 (Rev. 06f12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of West Virginia Tony A. Meade Plaintif?s) v. Civil Action No. Barry Mynes, Jr., BD. Cooper, J. Sheppard and J. Tincher Defendant{s) SIMMONS IN A CIVIL ACTION T02 (De?ndant?s name and address) Ebg?g?gbobunty Sheriff's Of?ce 300 Stratton Street Logan, WV 2560 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff? attorney, whose name and address are: . Lonnie C. Simmons DiPiero Simmons McGinley Bastress PLLC P.O. Box 1631 Charleston, WV 26326 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. CLERK OF COURT Date: 09/09/2019 Signature ofClerk or Deputy Cierk Case 2:19-cv-00647 Document 1-3 Filed 09/09/19 Page 2 of 2 PageID 14 A0 440-{Rev. 06;" 12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE his section should not be ?led with the court unless required by Fed. R. Civ. P. 4 This summons for (name qfindivia'ua! and title, tfany) was received by me 011(date) Cl I personally served the summons on the individual at (place) on (date) or I left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) I and mailed a copy to the individual?s last known address; or Cl 1 served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name qforganization) on (date) 01' El I returned the summons unexecuted because :1 Other (speci?z): My fees are for travel and for services, for a total of 0.00 I declare under penalty of perjury that this information is true. Date: Server signature ;or Printed name and title Server ?5 address Additional information regarding attempted service, etc: Case 2:19-cv-00647 Document 1-4 Filed 09/09/19 Page 1 of 2 PageID 15 A0 440 (Rev. 01.5le) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of West Virginia Tony A. Meade Plainty?s) V. 3 Civil Action No- Barry Mynes, Jr., BD. Cooper, J. Sheppard and J. Tincher Defendant(s) SUMMONS IN A CIVIL ACTION J. Sheppard TO: (Defendant?s name and addreSs) City Of Logan Police Department 219 Dingess Street Logan, WV 25601 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (net counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff? attorney, whose name and address are: . . Lonnie C. Slmmons DiPiero Simmons McGinley Bastress PLLC PO. Box 1631 Charleston, WV 26326 If you fail to reSpond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. CLERK OF COURT Date: (39/09/2019 Case 2:19-cv-00647 Document 1-4 Filed 09/09/19 Page 2 of 2 PageID 16 A0 440 (Rev. 06!] 2) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (T his section should not be?led with the court unless required by Fed. R. Civ. P. 4 This Summons for (name of individual and title, ifany) was received by me 011(a'ate) El I personally served the summons on the individual at (Mace) on (date) 01' El 1 left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual?s last known address; or Cl I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name oforganization) on (date) or I returned the summons unexecuted because or Cl Other (specify): My fees are 33 for travel and for services, for a total of (100 Date: Server ?5 signature Printed name and title Server ?5 address Additional information regarding attempted service, etc: Case 2:19-cv-00647 Document 1-5 Filed 09/09/19 Page 1 of 2 PageID 17 A0 440 (Rev. 062'12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of West Virginia Tony A. Meade Plaintt?rcs) V. Civil Action No. Barry Mynes, Jr., B.D. Cooper, J. Sheppard and J. Tincher Defendant(s) SUMMONS IN A CIVIL ACTION J. Tincher T02 (Defendant?s name and address) City Of Logan Police Department 219 Dingess Street Logan, WV 25601 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 or (3) w- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff?s attorney, whose name and address are: . . Lonnie C. Simmons DiPiero Simmons McGinIey Bastress PLLC PO. Box 1631 Charleston, WV 26326 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: 09i09/2019 Signature ofClerk or Deputy Clerk Case 2:19-cv-00647 Document 1-5 Filed 09/09/19 Page 2 of 2 PageID 18 A0 440 (Rev. 06;Jr 12) Summons ina Civil Action (Page 2) Civil Action No. PROOF OF SERVICE his section should not be ?led with the court unless required by ed. R. Civ. P. 4 This summons for (name ofindividual and rate, ifany) was received by me 011(date) CI I personally served the summons on the individual at (place) on (date) 01' [3 I left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual?s last known address; or I served the sumr'nons on (name ofindividualj who is designated by law to accept service of process on behalf of (name of organization) on (date) 01? I returned the Summons unexecuted because or I: Other (speei?r); My fees are for travel and for services, for a total of (100 I declare under penalty of perjury that this information is true. Server ?s signature Printed name and ri?e Server ?3 address Additional information regarding attempted service, etc: