Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 1 of 15 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION TRAVIS FORTUNE, ) ) Plaintiff, ) ) v. ) ) The CITY OF LOGAN, ) J.D. TINCHER, individually as a ) member of the Logan Police Department, ) ) Defendants. ) ____________________________________) 2:20-cv-00339 Civil Action No ________ COMPLAINT COMES NOW, Plaintiff Travis Fortune, by counsel, and for his Complaint states and alleges as follows: JURY DEMAND 1. Plaintiff hereby demands a trial by jury. JURISDICTION AND VENUE 2. 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. 3. 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 Fourteenth Amendment to the United States Constitution were violated by Defendants when they used excessive and unreasonable force during the detainment and arrest of Plaintiff on September 14, 2019 in the City of Logan, West Virginia. 4. Venue is proper because one or more of the above-named Defendants reside within the Southern District of West Virginia, Charleston Division, and the Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 2 of 15 PageID #: 2 incident giving rise to this Complaint occurred in the Southern District of West Virginia, Charleston Division. PARTIES 5. Plaintiff Travis Fortune (hereinafter “Plaintiff”) was at all times relevant hereto a resident of Logan County, West Virginia. 6. Defendant the City of Logan (hereinafter, the “City of Logan”) is a municipality established under the laws of West Virginia and located in Logan County, West Virginia. The Logan Police Department (hereinafter, the “Logan PD”) is a subdivision of the City of Logan and subject to the authority, control, and discipline of the City of Logan. 7. Defendant J.D. Tincher (hereinafter “Officer Tincher”) was at all times relevant hereto a police officer with the Logan PD and was at all times relevant hereto acting under color of law and within the scope of his employment. Officer Tincher who, upon information and belief, resides in Logan County, West Virginia, is sued only in his individual capacity. 8. Defendants are sued up to the limits of the insurance policy that provides liability coverage for their actions and omissions. FACTS 9. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 8 as though fully set forth herein. 10. On September 14, 2019, at approximately 9:00 a.m., Plaintiff and another individual, Ernest Drummer (hereinafter “Mr. Drummer”), were walking on the railroad -2- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 3 of 15 PageID #: 3 tracks that run through downtown Logan, West Virginia, when they were stopped by Officer Tincher near the intersection of Pine Street and Charles Street. 11. Officer Tincher, who was riding in what appeared to be a fire rescue truck, exited his vehicle and told Plaintiff and Mr. Drummer that there was a report of someone overdosing on heroin and ordered the two men to drop their backpacks. 12. Plaintiff and Mr. Drummer complied, and Officer Tincher emptied the contents of their backpacks on the ground. 13. Mr. Drummer was then handcuffed and placed inside the fire rescue truck. 14. Plaintiff was ordered by Officer Tincher to put his hands on the hood of the truck. 15. Plaintiff complied with Officer Tincher’s order and placed both of his hands on the hood of the truck. 16. While searching the contents of Plaintiff’s backpack, which had been dumped on the ground, Officer Tincher found a set of scales. When Officer Tincher asked Plaintiff what he was doing with scales, Plaintiff remarked, “to weigh packages to sell on eBay.” 17. This response by Plaintiff evidently angered Officer Tincher. 18. Following this remark, without warning or justification, Officer Tincher punched Plaintiff (whose hands were still on the hood of the truck) in the face with a closed fist, dropping him to the ground. 19. Officer Tincher then jumped on top of Plaintiff and continued to repeatedly punch him in the head and face with closed fists. -3- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 4 of 15 PageID #: 4 20. After this brutal beating inflicted by Officer Tincher, Plaintiff was handcuffed and placed in the fire rescue truck with Mr. Drummer and another individual who had previously been arrested. 21. At no point during his detainment and arrest would an objectively reasonable police officer believe Plaintiff posed an immediate threat to the safety of Officer Tincher or anyone else. 22. At no point during his detainment and arrest did Plaintiff resist arrest. 23. At no point during his detainment and arrest did Plaintiff attack, assault, or threaten Officer Tincher. 24. At no point during his detainment and arrest was Plaintiff armed or suspected of being armed. 25. Brass knuckles were found within the contents of Plaintiff’s backpack, but they were on the ground with the rest of the contents of his backpack and not in Plaintiff’s possession when he was attacked by Officer Tincher. 26. While inside the fire rescue truck on the way to the police station, Officer Tincher again, without justification or provocation, punched Plaintiff (who was handcuffed in the backseat of the truck) in the face with a closed fist. 27. Once at the police station, Plaintiff and Mr. Drummer were placed in chairs in a holding room with their hands handcuffed behind their backs. 28. There, while completely defenseless, Officer Tincher yet again repeatedly punched Plaintiff in his head, face, and torso with closed fists. 29. Soon thereafter, the Mayor of Logan, Serafino J. Nolletti (hereinafter, “Mayor Nolletti”) entered the room where Plaintiff and Mr. Drummer were being held. -4- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 5 of 15 PageID #: 5 30. Mayor Noletti told Plaintiff and Mr. Drummer, “we don’t like dope heads in our town.” 31. Then, when Plaintiff (who was bleeding profusely and slumped over in his chair after multiple beatings at the hands of Officer Tincher) began to lose consciousness, Officer Tincher smacked him in the face with an open hand and told him to “pay attention” to Mayor Noletti. 32. Upon information and belief, Mayor Noletti knew or should have known that Officer Tincher was engaged in unlawful conduct and had just brutally beaten Plaintiff, yet Mayor Noletti did nothing about it, thereby expressly and/or tacitly approving of and/or authorizing this abhorrent behavior. 33. A sworn affidavit executed by Mr. Drummer on February 25, 2020 corroborates Plaintiff’s allegations against Officer Tincher and Mayor Noletti. See Affidavit of Ernest Drummer, attached hereto as Exhibit 1. 34. After Plaintiff was booked at the police station, Officer Tincher drove Plaintiff to Southwest Regional Jail. 35. On the way to jail, Plaintiff told Officer Tincher, “my jaw is broken; I need to go to the ER,” to which Officer Tincher replied, “I know it’s broken; I felt it with my knuckles. They will reset it in jail.” 36. Later that day, on September 14, 2019, nurse intake records at Southwest Regional Jail indicate that Plaintiff’s “right jaw is swelled and painful” due to an “assault.” 37. Due to Plaintiff’s obvious injury, an x-ray of his jaw was ordered. -5- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 6 of 15 PageID #: 6 38. The following day, September 15, 2019, an x-ray of Plaintiff’s jaw at Southwest Regional Jail was performed, which revealed a “displaced fracture at the angle of the left side of the mandible as well as a nondisplaced fracture in the right parasymphyseal location.” 39. On only a liquid diet and in excruciating pain, Plaintiff remained in jail with a twice-broken jaw for nine (9) days, until he was finally taken for medical care on September 24, 2019. 40. On September 24, 2019, Plaintiff was transported to Charleston Area Medical Center (hereinafter “CAMC”) in Charleston, West Virginia for medical treatment. 41. According to CAMC medical records, it was noted that Plaintiff was one- week status-post “assault,” during which he sustained a “right angle fracture and left parasymphyseal fracture” with “malocclusion [misalignment of teeth], trismus [spasms of jaw muscles], and difficulty eating.” 42. Medical records from CAMC also note that Plaintiff’s fractured jaw had become infected. 43. CAMC medical records likewise note that Plaintiff was suffering from, “pain, infection, swelling, bleeding, damage to adjacent structures including underlying bone, adjacent teeth, sinuses, nerves, blood vessels, [and] other oral structures...” 44. The following day, on September 25, 2019, Plaintiff underwent surgery at CAMC to repair the multiple fractures to his jaw. -6- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 7 of 15 PageID #: 7 45. The surgical procedure required the insertion of screws, bands, and plates to repair Plaintiff’s jaw. During surgery, several of Plaintiff’s damaged teeth had to be removed. After the multiple fractures were repaired, Plaintiff’s jaw was wired shut. 46. On September 27, 2019, Plaintiff was discharged from CAMC and returned to Southwest Regional Jail. 47. On February 24, 2020, Plaintiff had another surgery at CAMC to remove five (5) screws and a tension band used to repair is shattered jaw. 48. On April 12, 2020, Plaintiff again had surgery at CAMC to remove teeth damaged by the beating inflicted by Officer Tincher. 49. In a blatant attempt to cover-up his unlawful actions, Officer Tincher executed a criminal complaint bringing several false charges against Plaintiff, including obstructing an officer, assault on an officer, and possession of a dangerous weapon. 50. Plaintiff pled guilty to misdemeanor possession of marijuana and the rest of the erroneous charges brought by Officer Tincher were dismissed. 51. Upon information and belief, Officer Tincher has been involved in numerous other incidents of excessive use of 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 Logan PD officer. 52. Upon information and belief, the City of Logan and/or the Logan PD were fully aware of these numerous other incidents of excessive use of force and violence perpetrated by, or participated in, by Officer Tincher, yet did nothing to hold him accountable. -7- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 8 of 15 PageID #: 8 53. Upon information and belief, the City of Logan and/or the Logan PD have turned a blind eye to the unlawful conduct of Officer Tincher, thereby allowing him to continue to repeatedly use excessive force and violence toward other individuals, including Plaintiff. 54. Specifically, the City of Logan and/or the Logan PD have actual and/or constructive knowledge of numerous other incidents of excessive use of force, violence, and brutality perpetrated by Officer Tincher while in the line of duty, but have failed to hold him accountable, including, but not limited to, the beating and hospitalization of Frank Morgan, Jr. on April 20, 2018. 55. Thus, despite actual and/or constructive knowledge that Officer Tincher was repeatedly engaged in unlawful behavior while in the line of duty as a Logan PD officer, the City of Logan and/or the Logan PD failed to adequately discipline and/or supervise Officer Tincher, thereby knowingly allowing him to continue to endanger the citizens of the City of Logan he was sworn to protect, including Plaintiff. 56. Upon information and belief, prior to joining the Logan PD, Officer Tincher was an officer with the City of Williamson Police Department in Williamson, West Virginia (hereinafter, the “Williamson PD”). 57. Upon information and belief, Officer Tincher was involved in incidents of excessive use of force, violence, and other misconduct while an officer with the Williamson PD. 58. Upon information and belief, Officer Tincher left the Williamson PD involuntarily and/or while under investigation. -8- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 9 of 15 PageID #: 9 59. Upon information and belief, Officer Tincher was also involved in the recent beating death of Barrett Hatfield on January 22, 2020, in Logan, West Virginia. COUNT I – EXCESSIVE USE OF FORCE UNDER 42 U.S.C. §1983 Officer Tincher 60. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 59 as though fully set forth herein. 61. Officer Tincher, while acting under color of law and within the scope of his employment, violated Plaintiff’s constitutional rights by using excessive and unreasonable force, as described hereinabove, during the detainment and arrest of Plaintiff on September 14, 2019, resulting in serious bodily injury. 62. At all material times, Officer Tincher was acting as a Logan PD officer. 63. The actions of Officer Tincher, described hereinabove, violated the constitutional rights guaranteed to Plaintiff under the Fourteenth Amendment to the United States Constitution. 64. Pursuant to W.Va. Code 29-12A-18(e), by alleging violations of the United States Constitution, the West Virginia Governmental Tort Claims and Insurance Reform Act is inapplicable. 65. The brutal actions of Officer Tincher, described hereinabove, were not taken in good-faith, were objectively unreasonable, and were in violation of clearly established law. 66. At all material times, Officer Tincher did not have an objectively reasonable fear of imminent bodily harm when he brutally beat Plaintiff, which would justify his excessive use of force. -9- Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 10 of 15 PageID #: 10 67. At all material times, Officer Tincher did not have an objectively reasonable belief that any other person was in danger of imminent bodily harm from Plaintiff, which would justify his excessive use of force. 68. Officer Tincher’s violent actions, described hereinabove, were unlawful and unjustified. 69. As a direct and proximate result of Officer Tincher’s unreasonable, 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. 70. 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. 71. The actions of Officer Tincher were reprehensible, willful and wanton, malicious, and in blatant disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under the applicable insurance policy(s). COUNT II – BATTERY Officer Tincher - 10 - Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 11 of 15 PageID #: 11 72. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 71 as though fully set forth herein. 73. Officer Tincher committed battery upon Plaintiff, proximately causing severe and debilitating bodily injury. 74. As a direct and proximate result of Officer Tincher’s brutal, unprovoked, and unjustified 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. 75. The actions of Officer Tincher were reprehensible, willful and wanton, malicious, and in blatant disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under the applicable insurance policy(s). 76. The City of Logan is vicariously liable for the acts of Officer Tincher committed within the scope of his employment. COUNT III – NEGLIGENCE Officer Tincher 77. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 76 as though fully set forth herein. 78. At all times relevant hereto, Officer Tincher owed Plaintiff a duty of care. 79. Officer Tincher, while acting within the scope of his employment as a Logan PD officer, breached his duty of care to Plaintiff. - 11 - Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 12 of 15 PageID #: 12 80. As a direct and proximate result of Officer Tincher’s breach of his duty of care, Plaintiff suffered severe and debilitating bodily injury, 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. 81. The actions of Officer Tincher were reprehensible, willful and wanton, malicious, and in blatant disregard for the rights owed to Plaintiff, thereby justifying an award of punitive damages, to the extent such damages are recoverable under the applicable insurance policy(s). 82. The City of Logan is vicariously liable for the acts of Officer Tincher committed within the scope of his employment. COUNT IV – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Officer Tincher 83. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 82 as though fully set forth herein. 84. Officer Tincher’s excessive and violent actions toward Plaintiff were atrocious, intolerable, and so extreme and outrageous as to exceed the bounds of decency. 85. Officer Tincher acted with intent to inflict emotional distress or acted recklessly when it was certain or substantially certain that emotional distress would result from his outrageous conduct. 86. Officer Tincher’s heinous actions caused Plaintiff to suffer severe emotional distress. - 12 - Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 13 of 15 PageID #: 13 87. The emotional distress was so severe, no reasonable person could be expected to endure it. 88. As a direct and proximate result of Officer Tincher’s brutal, unprovoked, and unjustified 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. 89. The actions of the Officer Tincher 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 the applicable insurance policy(s). 90. The City of Logan is vicariously liable for the actions of Officer Tincher committed within the scope of his employment. COUNT V – NEGLIGENT HIRING, TRAINING, AND SUPERVISION City of Logan 91. Plaintiff hereby incorporates by reference the allegations made in paragraphs 1 through 90 as though fully set forth herein. 92. At all times relevant hereto, the City of Logan and/or the Logan PD owed the citizens of Logan, including Plaintiff, a duty of care. 93. The City of Logan and/or the Logan PD owed the citizens of Logan, including Plaintiff, a duty to conduct a background check or otherwise reasonably investigate prospective Logan PD officers, including Officer Tincher. 94. Upon information and belief, as described hereinabove, the City of Logan and/or the Logan PD did not conduct a reasonable investigation into Officer Tincher’s - 13 - Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 14 of 15 PageID #: 14 background and did not adequately assess the possible risk of harm or injury to thirdparties that could result from the conduct of Officer Tincher if he were employed and/or retained as a Logan PD officer. 95. The City of Logan and/or the Logan PD owed the citizens of Logan, including Plaintiff, a duty to properly train and supervise Logan PD officers, including Officer Tincher. 96. Upon information and belief, as described hereinabove, the City of Logan and/or the Logan PD failed to adequately train its officers, including Officer Tincher, concerning, among other things, the use of excessive force. 97. Upon information and belief, as describe hereinabove, the city of Logan and/or the Logan PD failed to adequately supervise its officers, including Officer Tincher. 98. The City of Logan and/or the Logan PD have the authority to formulate, implement, and administer the policies, customs, and practices of their respective agencies and thus represent their official policies. 99. As a direct and proximate result of the City of Logan and/or the Logan PD’s breach of their duties of care, 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. 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, where applicable; for - 14 - Case 2:20-cv-00339 Document 1 Filed 05/14/20 Page 15 of 15 PageID #: 15 attorneys’ fees under 42 U.S.C. § 1983; for 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. TRAVIS FORTUNE By Counsel /s/ Russell A. Williams Russell A. Williams WV State Bar No. 12710 Katz, Kantor, Stonestreet, & Buckner PLLC 207 South Walker Street Princeton, WV 24740 (304) 431-4053 rwilliams@kksblaw.com - 15 - Case 2:20-cv-00339 Document 1-1 Filed 05/14/20 Page 1 of 2 PageID 16 AFFIDAVIT OF ERNEST DRUMMER STATE OF WEST VIRGINIA COUNTY OF LOGAN, To Wit: 1, Ernest Drummer, do solemnly swear that the following are true and correct statements based on my personal knowledge: 1. My name is Ernest Drummer. I am a resident of Logan County, West Virginia. 2. On the morning of September 14, 2019, I was walking on the railroad tracks in the City of Logan with Travis Fortune Fortune?). 3. At approximately 9:00 am, near the intersection of Pine and Charles Street, City of Logan Police of?cer J.D. Tincher (?Of?cer Tincher?) approached Mr. Fortune and me. 4. Of?cer Tincher told us he was investigating a drug overdose. Of?cer Tincher took both of our backpacks and dumped the contents out on the ground. 5. Of?cer Tincher said we were trespassing, and then cuffed me and put me in the white ?re rescue truck he was riding in. 6. While I was inside the truck, I observed Of?cer Tincher have Mr. Fortune place his hands of the hood of the truck. Then, for no apparent reason, Of?cer Tincher punched Mr. Fortune in the face with a closed ?st, dropping him to the ground. 7. I next observed Of?cer Tincher get on top of Mr. Fortune and continue to punch him in the head, face, and torso. 8. At no point did Mr. Fortune resist arrest, physically assault Of?cer Tincher, or otherwise behave in an aggressive or threatening manner. 9. Mr. Fortune was then handcuffed and placed inside the truck with me. 10. While on the way to City Hall, I again observed Of?cer Tincher punch Mr. Fortune in the face while he was handcuffed inside the truck. Case 2:20-cv-00339 Document 1-1 Filed 05/14/20 Page 2 of 2 PageID 17 11. Once inside the police station, Mr. Fortune and I were placed in the same holding room. We remained handcuffed and where each sat in a chair. 12. While in this holding room, I again observed Of?cer Tincher repeatedly punch Mr. Fortune in the head, face, and chest for no apparent reason. 13. When Of?cer Tincher saw the way I was looking at him, he told me he could take my handcuffs off and the two of us could go in the bathroom and see who comes out. I respectfully declined. 14. At this point, after multiple beatings at the hands of Of?cer Tincher, Mr. Fortune was hunched over in his chair and bleeding. 15. Soon thereafter, the Mayor of the City of Logan (Sera?na J. Nolletti) came into the room with Of?cer Tincher, Mr. Fortune, and me. The Mayor threatened to kill us if we were found in the City of Logan again. 16. Then, in front of the Mayor, Of?cer Tincher smacked Mr. Fortune, who looked like he was going to pass out, in the face. 17. This af?davit is true and correct to the best of my knowledge. Af?ant further saith not. Taken, subscribed, and sworn before me by Ernest Drummer, this 525? of February, 2020. .. . .. ll] Case 2:20-cv-00339 Document 1-2 Filed 05/14/20 Page 1 of 2 PageID #: 18 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of of West Virginia __________ District __________ Travis Fortune Plaintiff(s) v. The City of Logan, J.D. Tincher, individually as a member of the Logan Police Department Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:20-cv-00339 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) The City of Logan 300 Stratton Street Ste. 203 Logan, WV 25601 A lawsuit has been filed 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 officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) 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’s attorney, whose name and address are: Russell A. Williams 207 South Walker Street Princeton, WV 24740 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: Signature of Clerk or Deputy Clerk Case 2:20-cv-00339 Document 1-2 Filed 05/14/20 Page 2 of 2 PageID #: 19 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 2:20-cv-00339 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ 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) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . 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’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Save As... Reset . Case 2:20-cv-00339 Document 1-3 Filed 05/14/20 Page 1 of 2 PageID #: 20 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of of West Virginia __________ District __________ Travis Fortune Plaintiff(s) v. The City of Logan, J.D. Tincher, individually as a member of the Logan Police Department Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:20-cv-00339 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) J.D. Tincher Logan City Police Department 219 Dingess Street Logan, WV 25601 A lawsuit has been filed 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 officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) 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’s attorney, whose name and address are: Russell A. Williams 207 South Walker Street Princeton, WV 24740 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: Signature of Clerk or Deputy Clerk Case 2:20-cv-00339 Document 1-3 Filed 05/14/20 Page 2 of 2 PageID #: 21 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 2:20-cv-00339 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ 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) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . 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’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Save As... Reset . -6 5HY Case 2:20-cv-00339 Document 1-4 Filed 05/14/20 Page 1 of 1 PageID #: 22 &,9,/ &29(5 6+((7 7KH -6 FLYLO FRYHU VKHHW DQG WKH LQIRUPDWLRQ FRQWDLQHG KHUHLQ QHLWKHU UHSODFH QRU VXSSOHPHQW WKH ILOLQJ DQG VHUYLFH RI SOHDGLQJV RU RWKHU SDSHUV DV UHTXLUHG E\ ODZ H[FHSW DV SURYLGHG E\ ORFDO UXOHV RI FRXUW 7KLV IRUP DSSURYHG E\ WKH -XGLFLDO &RQIHUHQFH RI WKH 8QLWHG 6WDWHV LQ 6HSWHPEHU LV UHTXLUHG IRU WKH XVH RI WKH &OHUN RI &RXUW IRU WKH SXUSRVH RI LQLWLDWLQJ WKH FLYLO GRFNHW VKHHW (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) , D 3/$,17,))6 '()(1'$176 Travis Fortune The City of Logan , J.D. 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