Claim of excessive force and lack of medical attention.

 

In the United States District Court for the Northern District of West Virginia, Kristi Lanier has filed a lawsuit against Sheriff Jeff Barlow, Corporal B.A. Shinaberry, Deputy Kendal Ober, and Walt Helmick, President of The County Commission of Pocahontas County, West Virginia. The case (ID: 2:24-cv-00005-TSK) was filed on April 24th, 2024 and seeks to address the deprivation of rights under the Fourteenth Amendment to the United States Constitution and 42 U.S.C. §§1983 and 1985.

The plaintiff, a resident of Marlinton in Pocahontas County, alleges that the defendants acted under color of state law and caused her injury. She accuses them of acting illegally in concert causing her harm and depriving her of constitutional rights. On October 9th, 2022, Lanier was taken into custody by the defendant officers and transported to Tygart Valley Regional Jail where she alleges she was subjected to excessive force resulting in serious injuries.

The complaint further alleges that despite witnessing these events, none of the officers intervened to halt their colleagues' illegal actions. Lanier claims she was denied medical attention during her overnight confinement at Tygart Valley Regional Jail despite repeated requests.

Lanier is seeking redress for alleged illegal detention and imprisonment, physical abuse, coercion and intimidation; denial of timely medical aid; denial of effective assistance and advice from counsel; as well as assault and battery.

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The Fourteenth Amendment to the U.S. Constitution, ratified in 1868, is a pivotal piece of civil rights legislation that has had a profound impact on American law and society. The key points about the Fourteenth Amendment are:

1. Citizenship and Equal Protection: The amendment granted citizenship and equal civil and legal rights to African Americans and formerly enslaved people. It states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."