Fayette County deputies respond to allegations

Feb 7, 2013 | Posted by: Marie Callender | Full story: bdtonline.com

In a document filed in U.S. District Court, the defendants deny the beating, as well as any deprivation of civil or constitutional rights to the alleged victim, Matthew Cole of Ansted.
Comments
1 - 13 of 13 Comments Last updated Feb 21, 2013
woww

Oak Hill, WV

#1 Feb 7, 2013
wow!
Kat

Charleston, WV

#2 Feb 7, 2013
If you have done nothing wrong don't need a lawyer. Why was this taken off news at 11 tonight. The preview before news told of the lawsuit would show more at 11 and nothing was on about it. It was on at 6.
1 post removed
live life

United States

#4 Feb 7, 2013
you can't even read the full article. Its been removed.
Mr Beane

Summersville, WV

#5 Feb 8, 2013
live life wrote:
you can't even read the full article. Its been removed.
February 6, 2013
Fayette County deputies respond to allegations
By C.V. Moore
CNHI

Police in Fayette County and the Fayette County Commission have filed an answer to a federal civil suit that claims several officers beat a disabled man with excessive force and denied him medical care while responding to a reported shooting in Victor in 2010.

In a document filed in U.S. District Court, the defendants deny the beating, as well as any deprivation of civil or constitutional rights to the alleged victim, Matthew Cole of Ansted.

They also made a motion to dismiss the case, claiming that the original complaint fails to establish that Cole is indeed legally incompetent. His mother, Patricia Cole, filed the original suit with her son and on his behalf under the premise that he is disabled.

The defendants’ lawyer asks for proof that he is legally or medically incompetent and therefore in need of his mother’s involvement.

Lawyers also say the officers are shielded from liability by the doctrine of qualified immunity.

In December, the Coles’ attorney, John H. Bryan, filed federal claims against Nicholas D. Hall, James K. Sizemore and Dana C. Wysong of the Fayette County Sheriff’s Department and Robert V. Neal of the Fayetteville Police Department, though Neal was incorrectly referred to as a sheriff’s deputy.

The Coles claim that Matthew is permanently physically and mentally disabled due to brain injuries from two previous car accidents and is in the care of his mother.

They say that Matthew was with his cousin, the late Jesse Pike, when Pike got into a domestic quarrel with his significant other. She reported to police that she had been shot in the face with a handgun.

Officers said that when they arrived, they found both Cole and Pike hiding underneath a car with the gun and had to drag them out. Pike was arrested.

The Coles’ complaint says that Matthew was struck in the face, head, legs and chest by the officers despite his not being involved in the domestic incident, resisting arrest or assaulting the police.

Cole was recognized by one of the officers and taken home. His mother says she has photographs depicting the injuries to her son and that he was treated in the emergency room.

The defendants deny any improper conduct, deprivation of civil and constitutional rights or that they caused or observed any of Cole’s injuries, if there were any.

Included in the complaint is a state-based claim against the Fayette County Commission, accusing them of negligence in their capacity as the overseers of the sheriff’s department.

The Coles are asking for damages related to medical expenses, pain, distress and other losses. They also ask for “appropriate training, supervision and discipline” to remedy the alleged constitutional violations.

Neal has retained his own lawyer for the suit.

The next proceeding in the case is scheduled for March 4.
joe

Charleston, WV

#6 Feb 8, 2013
There is a five count indictment,filed in Federal Court in charleston.Hall has another Federal suit pending in another case.Why does the sheriff and fayette co commission put up with such outrage? sounds like they may be scared of this thug.Seems as though these deputies go out and do as they want,with out any supervision at all,I am sure the sheriff doesn'ttell them to go out and beat people,then lie about it.
eddie

Oak Hill, WV

#7 Feb 8, 2013
im sure
1 post removed
damn shame

Oak Hill, WV

#9 Feb 11, 2013
this is why we can't call upon the system for help anymore. We have to take matters into our known hands.
Level 2

Since: Jan 13

Location hidden

#10 Feb 13, 2013
thats right... we needed help awhile back and the dept sheriffs refused to come help.. we ended up taking matters in our own hands. they are a joke anymore.
DaHanky

Summersville, WV

#11 Feb 13, 2013
Wow! You mean the cops in our area ABUSE and make a MOCKERY of the LAW they swore to uphold and protect????? NOOOOOOOOOOOO!!!!!!!! They wouldn't do that, would they????!!!!

/sarcasm
rob

Charleston, WV

#12 Feb 14, 2013
They do as they want, no supervision.
so true

Oak Hill, WV

#13 Feb 16, 2013
Y are they still aloud to wrk shouldn't they all be suspended a few of the officer involved have a temper and let it get out of control every time they go to a call.
sam

United States

#14 Feb 17, 2013
Typical cops, most of them were smacked around growing up and in high school, they become cops to get revenge, they put on their little knuckle gloves and a gun and watch out.
dude love

United States

#15 Feb 21, 2013
I got pulled over once and they pulled me outta the car window without opening my door and choked me and punched my balls. All this for a driving on suspended and didn't know

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