Category Archives: Uncategorized

Recent settlements in WV police misconduct cases

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Just to give an update, we have recently settled several police misconduct / civil rights cases. However, the insurance companies, and defendants, have started including confidentiality, or quasi-confidentiality provisions in them. So. . . . I can’t really comment. I really do work on them to completion. They’re not just dying on the vine.

I’ve recently been contacted about some cases with some appalling accusations of police misconduct, and I’m excited (if that’s the right word) to prosecute them. I still have time for another [good] case or two to work on this year if anyone wants to bring them to me. I also am still accepting co-counseling arrangements with other lawyers who think they have a client with a case.

U.S. Supreme Court to hear cell phone seizure case – United States v. Wurie

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Cell phones are increasingly becoming a primary component of any encounter between police and civilians.  Along with that comes the warrantless seizure of cell phones.  After all, they hold great evidentiary value from a law enforcement perspective.  Neither the Fourth Circuit, nor the U.S. Supreme Court, has yet taken a position on whether there is a First Amendment (and therefore Fourth Amendment) right to videotape police officers.  This isn’t exactly the same issue, since it mostly deals with seizing and searching cell phones incident to an arrest.  But, the issue is the same when the person filming is arrested, at which point their phone will be seized.

When the phone is seized can the officers go through the phone without first obtaining a warrant?  There is a very well written post on this topic from the Alabama Civil Rights and Civil Liberties Law Review blog, written by Lacy Triplett.  She opined that:

The Court may take the approach of the majority of circuit courts and find that a cell phone is a container, which can be searched incident to arrest so long as the search is limited in scope and contemporaneous to the arrest. Or, the Court may take the approach of the First Circuit in Wurieand find that the privacy interests in an individual’s cell phone greatly outweigh the government’s need to immediately search a cell phone without first securing a warrant. 

In any event, you know that right now across the country, police officers go through the cell phones of arrestees, where they find valuable information such as, every text message conversation the person had in the last year – or even their email history.  They also contain photos, videos – you name it.  Those practices, and law enforcement training, is going to depend on the outcome of Wurie.

Upcoming legal seminar on “Advanced Police Liability” topics

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I am co-presenting a legal seminar on April 28, 2014 in Charleston, West Virginia on “Advanced Police Liability Claims.”  I will be the only plaintiff’s attorney presenting.  I will be discussing some interesting areas of the law, including the current hot topics of videotaping police officers, the rights to medical care for those in police custody, and police inaction.

Especially for lawyers who need those CLE credits, this is going to be a good one to attend.  Would you rather learn about subrogation and underinsurance claims, or the law of police/citizen interactions?

You can learn more and register here.

West Virginia Lawyer Charged in Relation to Shooting

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Apparently a West Virginia lawyer was charged with being an accessory after-the-fact in relation to a New Year’s Eve shooting in Charleston, which is a felony.  This was reported by WCHS, as well as the Charleston Gazette.  Allegedly, after his friend shot a guy after an argument over ordering a pizza, the lawyer took the guy’s cell phone and instructed him to run.  And then he was allegedly uncooperative with police when they asked him the identity of the shooter.

It was reported that all of this can be viewed on surveillance footage:

“Conrad is in trouble, because police said he can clearly be seen on surveillance video taking Underwood’s cell phone, which is considered evidence, from the scene and telling the suspect to run.”

So my initial thought is, how can you view what someone is saying on surveillance footage?  You can’t.  We pretty much know the footage does not contain audio – since that in itself would constitute felony illegal wiretapping in West Virginia, since it would be capturing conversations for which no party has consented.

The police are the first to complain about surveillance footage when they are accused of misconduct, noting that you can’t tell everything from the video.  Well you certainly cannot tell what someone is saying to another.  How does a video prove that the lawyer was instructing the shooter to flee? And if you can view the cell phone being handed to the lawyer, how can you tell that the lawyer asked for it.  And if a cell phone is handed to you in such a situation, does that make you a felon?  What if you are a lawyer potentially representing the individual.  Can you preserve evidence yourself?  Are you compelled to turn over your own evidence to police at their demand?  The West Virginia Rules of Criminal Procedure don’t provide for that.  In fact, a criminal defendant is not compelled to provide discovery to the prosecution until and unless he or she requests discovery from the State.

As with any of the decaying “cities” in this country where you have arrogant and hypocritical leadership, the City of Charleston was quick to jump into attention-whore mode and to engage in their first attempts at poisoning the jury pool:

“It’s really surprising that someone in a position of authority, and all that he is responsible for, to participate in this criminal conduct,” Lt. Steve Cooper, with Charleston police said. 

. . .

Charleston Mayor Danny Jones said he plans to file an ethics complaint with the state bar, against Conrad.

What ever happened to “innocent until proven guilty”?  Is it ethical for a police officer, or mayor, to go onto TV and tell the public that an individual who has been charged, and who is presumed innocent, has committed criminal conduct?  Or that the individual has abused a position of authority?  Or that the person is unethical?

I’m not passing judgment on the lawyer’s actions one way or the other since I don’t know all of the facts.  After all, isn’t that what police say when one of their own are accused of misconduct?  Well, it’s under investigation and we don’t know all of the facts.  So what if he did take the guy’s cell phone and told him to run?  What negative consequences did that have?  Who is a victim to the lawyer’s alleged crime?  None and nobody.

Handling the Police Liability Claim Seminar

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On September 20 I am assisting in the presentation of the “Handling the Police Liability Claim” seminar in Charleston, WV at The Summit.  This is being put on by the National Business Institute.  Here is a link to the website if you are interested in attending.  I can tell you that the other attorneys who are presenting are some of the best in the business and it will be worth the time and money.  This is the fourth time that I have assisted in putting on a similar seminar, and some of the past attendees I have gone on to have civil rights cases with, and civil rights cases against.  It is truly a mixture of plaintiff’s lawyers, defense lawyers, and others.  I’ve met county commissioners, city attorneys, prosecutors, etc.  I always come away with new ideas, new contacts, and of course continuing education hours.

New WV Excessive Force Lawsuit Filed – in Parkersburg Again

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This week we filed yet another federal excessive force and civil rights lawsuit in Parkersburg, West Virginia.  This one is a little bit different though, because city officials, as well as the City of Parkersburg, are included as defendants.  See exhibit “1” below for more information.

The Complaint:

Exhibit 1:

Media:

News and Sentinel article from June 7:

A lawsuit involving former city police officer Joshua Vensel, Mayor Bob Newell, Police Chief Joe Martin and the City of Parkersburg has been filed in the U.S. District Court for the Southern District of West Virginia.

In the suit, filed Wednesday, the plaintiff Jerry Seabolt also listed six unnamed officers, referred to as John Doe, as defendants. The filing stems from a criminal case where Vensel pleaded guilty to committing battery on Seabolt at the Wood County Holding Center.

Seabolt alleges the mayor, chief and city developed and encouraged “a policy, custom, pattern and practice of using excessive force against arrestees and pretrial detainees” and have continued to implement their policy of using excessive force.

Seabolt is represented by John H. Bryan, of Union, W.Va., and Parkersburg attorney Michelle Rusen. Bryan represented Brian Sawyer, who sued the Wood County Sheriff’s Department and former Deputy Jim Asbury, alleging excessive force. A federal jury acquitted Asbury, but U.S. District Court Judge Joseph R. Goodwin overturned the verdict on May 18.

News and Sentinel article from June 8:

The city will seek immediate summary judgment of both cases and seek reimbursement of attorney fees and other costs, Mayor Bob Newell stated.

“All the evidence in the Vensel and Seabolt incident has been viewed and considered by a grand jury. The evidence is absolutely indisputable that Vensel struck Mr. Seabolt without provocation and Vensel has taken full responsibility for his actions and has pleaded guilty in Wood County Circuit Court. He resigned the same day as the plea was made,” Newell stated.

Newell took issue with the assertion made by Seabolt’s attorneys Michelle Rusen and John Bryan. He labeled the assertions “unwarranted and inexcusable.”

Newell stated he was disappointed Rusen would use the information as a basis for naming the mayor and chief in a suit in which Vensel had already taken full responsibility.

Newell stated formal complaints have been filed with the Offices of Disciplinary Counsel in the State of West Virginia and State of Ohio against Triplett for his conduct.
FYI, these allegations were made in the Complaint above:

By denigrating the victims of excessive force and their lawyers in the news 

media when such cases were prosecuted, Defendant Newell has defended this 

conduct, thereby effectively ensuring that such policy, practice and custom of using 

excessive force will continue.  Defendant Newell”s conduct in this regard has also had a 

chilling effect by obscuring the truth behind serious allegations of use of excessive 

force. 

Charleston Gazette article from today:

Bryan said Seabolt hopes to call the alleged policy to light.

“Rather than to attempt to settle his case quickly and quietly as others have done, my client has courageously chosen to address the issue from the top down,” he said, “in order to ensure that the people of Parkersburg never again have to fear for their physical safety at the hands of those entrusted to protect them.”

Speak of the devil: Parkersburg Mayor Calls the FBI

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It wasn’t a week ago that I mentioned the newspaper article regarding the indictment of a Parkersburg Police officer.  Obviously I have some experience with Parkersburg.  I settled a case against the Parkersburg Police Department about a month ago, and I also have one other case pending there in federal court against the county.  In my last post I inquired as to when we would hear from the Parkersburg Mayor Bob Newell.  Well we did hear from him.  According to the latest news reports, he has now called the FBI on his own police department.

As the old saying goes, be careful what you wish for.

Mayors of decaying cities are liberal, know-it-all, hypocrites

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There was an article in the Charleston Gazette, a few days ago, “Lawsuit challenges W.Va. city gun laws” which explained that “a pro-gun lobbying group” filed a lawsuit (or lawsuits rather?) to overturn gun control laws in four West Virginia “cities”: Charleston, South Charleston, Dunbar and Martinsburg.  The lawsuit was filed by the West Virginia Citizens Defense League and challenges Charleston’s limits on the number of handguns a person can buy in a month, as well as the city’s prohibition on possessing firearms on city property, such as in city parking garages.

Charleston, WV Mayor, Danny Jones, was quoted in the story:

Charleston Mayor Danny Jones promised to fight the lawsuit.

. . .

Jones noted the lawsuit was filed in the Charleston federal courthouse where firearms are prohibited.

“All we want is what they have. We want to be able to control our own property,” Jones said. “I don’t know how far these people want to go.”

Jones is one of these know-it-all hypocrite slum lords, who has a police force to protect him, and who denies his subjects, or anyone else venturing into his slum-dom, who are actually law abiding citizens, from possessing legally owned and carried concealed weapons.  So if you go into a city-owned parking garage in Charleston, WV, by law you are not allowed to have the ability to protect yourself.  Of course in a decaying city full of drug addicts, who would need a gun to protect themselves in a darkly-lit parking garage?  Jones doesn’t trust us law abiding citizens to abide by the law.

Interestingly, there was an article in the Charleston Gazette today, that Mayor Danny Jones’ son was arrested for possession of heroin within the slum-dom.  This was the statement from Jones’ “mayoral assistant”:

Mayor Jones had no comment about his son’s arrest. Rob Blackstone, mayoral assistant, said, “It is what it is. He’s 21 years old.”

There you have it.  Law abiding gun owners just need to stay out of Charleston.  Because we all know there is nothing stopping the criminals and drug addicts from obtaining and possessing guns on “city property”.  Probably the first place they go to rob somebody will be the city parking garages.

I don’t think these mayors are stupid.  They don’t actually believe that their gun control laws will protect people.  They have a liberal and/or ignorant majority of voters, who have an ideological hatred towards guns and law-abiding gun owners, whom they see as right-wing fanatics.  This fits their agenda.  Moreover, the more freedom they take away from their subjects, the more power they gain.  Their subjects are made to depend on their protection.

Maybe Danny Jones should worry about the crime/slum/drug problem in his city, instead of wasting taxpayer money promising to fight lawsuits and trying to “control [taxpayer] property”.  He obviously has no control, including over his own son.