Lawsuit being filed against the West Virginia Governor today challenging his COVID-19 executive orders

Being filed today: I’m representing S. Marshall Wilson, of the West Virginia House of Delegates, three other delegates, and one West Virginia Senator, in their challenge to the West Virginia Governor’s COVID-19 executive orders. Here’s the petition being filed. Press conference at the State Capitol, today at 11:00 a.m.

Update: some footage from the press conference at the State Capitol:

Article in Saturday’s Charleston Gazette-Mail:

https://www.wvgazettemail.com/coronavirus/lawmakers-file-petition-with-state-supreme-court-over-governors-actions-during-pandemic/article_009e51a9-70da-5bb3-8e48-e4e37f658448.html

Delegate S. Marshall Wilson (right), I-Berkeley, discusses the filing of a petition seeking a writ of mandamus against Gov. Jim Justice Friday outside the state Supreme Court. Attorney John Bryan (left) filed the petition on behalf of five state lawmakers, including Wilson.JOE SEVERINO | Gazette-Mailhttps://www.wvgazettemail.com/coronavirus/lawmakers-file-petition-with-state-supreme-court-over-governors-actions-during-pandemic/article_009e51a9-70da-5bb3-8e48-e4e37f658448.html

New Online Resource for Use of Force law

I started a new website called “Use of Force Source” at UseofForceSource.com.  The purpose is to establish an online resource to discuss and compile Fourth Circuit federal case law, and U.S. Supreme Court case law on the use of physical force – both police situations and self defense situations.  I have already listed a bunch of black letter law on excessive force in the Fourth Circuit (so Virginia, West Virginia, Maryland, North Carolina and South Carolina).  It will be a blog format, and will be specific to use of force cases.  My intention is to post about specific cases, going over the facts, as well as the law.  I also like to listen to the oral argument audio since it gives you much more insight into the case and the reasoning behind the Court’s decisions.

I already posted my first post today, discussing the November of 2013 Fourth Circuit opinion from Ayala v. Wolfe, which was a police shooting case.

Sawyer Case Media Reports

There was a nice article on the front page of the Charleston Gazette this morning about the Sawyer Case.

Ruling Against Wood Deputy in Assault Stands

“Today the citizens of West Virginia, Maryland, Virginia North Carolina and South Carolina have more constitutional protections than they did yesterday,” John Bryan, Sawyer’s attorney, wrote in a statement.

“As a result of today’s ruling, which affirmed the District Court for the Southern District of West Virginia, law enforcement officers will be taught to treat people differently, and that if they fail to do so, there will be consequences. Because of Brian Sawyer, and the federal court system, millions of people have more freedom. And that is something I am very proud of.”

There was also an article in the Parkersburg newspaper:

Asbury Judgment Upheld on Appeal

Well, off to another trial this morning.

ETA:  We won the property dispute trial.  We have been very blessed to have streak of wins in WV state-law easement disputes.  Although they might seem boring, they are quickly becoming one of my favorite types of cases, second only to civil rights cases.  I do enjoy interesting criminal cases.  However, I do not enjoy the stress of gambling with someone’s liberty.  I much rather prefer property rights or money.  The worse case scenario is never the end-of-the-world.

Also an article in the WV Record:

Fourth Circuit Affirms Goodwin’s Ruling in Wood County Civil Rights Case

Victory at the Fourth Circuit

We won the Sawyer case at the U.S. Court of Appeals for the Fourth Circuit.  The audio from the oral arguments is one post down.  Here is the opinion.  I have been unable to discuss the case for about a year.  Obviously, this is what has been happening.  I believe this is, and will be, a very important decision.  Although there was no new law created, this has greatly clarified, explained, and set the course, for future excessive force litigation and instruction.

Our Brief:

WV Supreme Court Justices “give attorney tough time during arguments”

An article in the West Virginia Record commented on several West Virginia Supreme Court Justices, Justices Ketchum and Davis in particular, giving an attorney a “tough time” during oral arguments:

The examination of Attorney L. during oral arguments was so one-sided that Ketchum even suggested to attorney Thomas M., who represented Pullman and Structural, not say anything that would lose him the case.

And when Tiffany D., who was arguing for Ershigs, reminded the justices that the party harmed by the sanctions was AEP and not the law firms that handled the case, Ketchum responded, “You don’t think AEP has a nice malpractice suit against their lawyers?”

This brought back memories.  I was once before the WVSC for oral arguments and my opponent was given a really “tough time”.  After they finished, they told him to sit down, pointed at me, and told me to stand up, it was my turn.  I looked at them and said, “your honors, I think I’ll just quit while I’m ahead.”  One of the same Justices said “I think that’s a good idea”.  So I basically just sat down.