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HUNTINGTON ÃÛÁÄÖ±²¥” A lawsuit was filed Monday against the City of Huntington, Huntington ÃÛÁÄÖ±²¥ Chief Phil Watkins and five unnamed Huntington ÃÛÁÄÖ±²¥ officers by a man who says they beat him and denied him timely medical treatment.
According to the complaint filed in the U.S. District Court for the Southern District of West Virginia, at about 6 p.m. Aug. 23, 2023, John Charles Frank was walking on the sidewalk at 1st Street and 7th Avenue when a HPD cruiser passed him and then circled back. One of the officers stepped out and approached Frank in a ÃÛÁÄÖ±²¥œphysically aggressive mannerÃÛÁÄÖ±²¥ before asking him to place his hands behind his back, after which, Frank ÃÛÁÄÖ±²¥œcomplied and was immediately handcuffed without even a semblance of resistance.ÃÛÁÄÖ±²¥
It is unclear based on the complaint why officers stopped Frank and took him into their custody.
After being handcuffed, Frank says he was punched in the nose and mouth, fracturing his nose and knocking out 10 teeth, according to the complaint. It goes on to say Frank was continually struck by the officer while restrained in the back of the HPD cruiser, further resulting in a broken orbital bone, lacerated lip and facial contusions.
While officers took him to Cabell Huntington Hospital, FrankÃÛÁÄÖ±²¥™s seatbelt was not fastened and the HPD officer accelerated and decelerated to ÃÛÁÄÖ±²¥œintentionally inflict more harmÃÛÁÄÖ±²¥ by bouncing him around in the cruiser, according to the complaint.
There, according to the complaint, Frank was thrown out of the cruiser in traffic and told ÃÛÁÄÖ±²¥œÃÛÁÄÖ±²¥˜he better come up with something good.ÃÛÁÄÖ±²¥™ÃÛÁÄÖ±²¥ Frank informed staff at the Cabell Huntington emergency room he was beaten by an HPD officer, although the officer entered the ER shortly after and told staff the man had been in an accident and pulled a knife on him, according to the complaint.
According to the complaint, the officer also told ER staff Frank was on drugs and was unresponsive to a taser, after which they refused to treat him.
Frank was then transported to HPD headquarters where he spent hours being ÃÛÁÄÖ±²¥œberated, humiliated and further beatenÃÛÁÄÖ±²¥ by two officers before being taken to St. MaryÃÛÁÄÖ±²¥™s Medical Center. According to the complaint, the officers threatened Frank in an attempt to convince him to stay silent about the incident.
As a result, Frank did not tell St. MaryÃÛÁÄÖ±²¥™s staff about the incident, according to the complaint. Medical staff noted they did not find any burn or barb marks from a taser on his body or injuries consistent with a vehicular accident.
The complaint accuses the defendants of two counts of civil rights violations, including excessive force and failure to provide timely medical care; one count of municipal liability; and West Virginia state law claim, including tort of harassment, tort of unwelcome touching, tort of civil battery, tort of civil assault, tort of intentional infliction of emotional distress/tort of outrage, tort of outrageous and atrocious conduct, tort of invasion or his right to privacy, tort of civil conspiracy, among other statutory and common law causes of action.
The complaint also accuses the defendants of negligent hiring, retention and supervision, negligence, civil conspiracy, and outrage/intentional infliction of emotional distress.
ÃÛÁÄÖ±²¥œThis is the first that we have learned of the lawsuit alleging excessive force against the Huntington ÃÛÁÄÖ±²¥ Department,ÃÛÁÄÖ±²¥ Acting City Attorney Scott Damron said in an email to The Herald-Dispatch on Wednesday. ÃÛÁÄÖ±²¥œOur Legal Department is reviewing the Complaint. The allegations of the Complaint are merely allegations, and the City will defend the lawsuit vigorously. We will not have any further comment at this point.ÃÛÁÄÖ±²¥
Frank is seeking compensation for ÃÛÁÄÖ±²¥œmedical expenses, pain and suffering, loss of enjoyment of life, annoyance, aggravation, psychological distress and any other compensatory damages to be proved at trial,ÃÛÁÄÖ±²¥ as well as attorney fees and costs and punitive damages against the defendants.
According to the complaint, Frank is demanding a jury trial.
Katelyn Aluise is an education and court reporter.
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