The State Journal posted a story on their website this morning on the Flanary case. Since this blog has been getting a lot of traffic on this case, I have the usually-absent opportunity to correct some slight inaccuracies in the story – including some of my quotes that are slightly out-of-context. Though you can hardly blame the reporter when the Complaint is 45 pages with 39 defendants. The article stated the following:
The case, Flanary v. Pocahontas County et al., like many police or government liability cases, will be hard to prove, according to John Bryan, the Monroe County attorney who filed the suit.
Actually I said that police and governmental liability cases are difficult cases. I was not saying that there was anything particular about the facts of this case that will make it any more difficult to prove than other police and governmental liability cases. The article further noted that:
The alleged incidents occurred in Pocahontas County and many of the involved parties live there as well. But Bryan said he opted against filing the suit there. Instead, the suit was filed in Kanawha County. “I think there’s a benefit to getting the whole mess out of Pocahontas County,” he said.
Actually, since several state agencies are defendants in the suit, state law mandates that the proper venue for the case is Kanawha County. Thus, it really wasn’t my choice – as I explained to the reporter when she asked me why it was filed in Kanawha County. Though it is true that there is an obvious benefit to not having to sue a county in their own courthouse. The article continued:
Upon his release, Flanary had to go back to jail and immediately posted bail. As soon as he was released, court documents said, Snowshoe had him rearrested due to a perceived threat to Rock. Flanary’s lawsuit said the resort then barred him from all Snowshoe properties, including his own townhouse. Court records said Snowshoe officials eventually had him arrested a third time, alleging a harassing phone call between Flanary and a Snowshoe employee that was immediately acted upon by authorities.
Actually, it was vice-versa. The first time he was released on bond, indeed the same day, Snowshoe contacted authorities and said that he allegedly made a threat to commit a crime over the phone. And Snowshoe did not bar him from entering his own townhouse, but they did bar him from all other Snowshoe property – though they didn’t explain to him how he would actually get to his townhouse without touching foot on Snowshoe soil since it sits in the middle of the resort. Then, the second time Mr. Flanary bonded out from jail, Snowshoe had arrested for allegedly driving into the neighborhood that Mr. Rock lives.
– John H. Bryan, West Virginia Attorney