Price’s civil suit against Chapmanville police officers dismissed

Debbie Rolen drolen@civitasmedia.com

October 17, 2013

A civil complaint was filed July 26, 2012, in the Circuit Court of Kanawha County, West Virginia (12-C-1467), alleging a violation of civil rights by various police officers and police agencies.

Gary Price specifically alleged that Trooper B. A. Lowe, Trooper P.A. Jones, Trooper Dick, and Chapmanville Police Officers Nick Tucker and Derek Miller, violated his civil rights by entering his home and striking him in the face with a mag light and then kicking him in the ribs and face. Despite Mr. Price’s allegations against Officer Tucker and Officer Miller, the claims against them and the Chapmanville Police Department have been dismissed.

Mr. Price made allegations against Officer Tucker and Officer Miller of the Chapmanville Police Department, at the time these events allegedly occurred. Officer Miller was off work after a workers compensation claim and had surgery performed on his hand.

As investigation and discovery progressed for the civil lawsuit, it was determined that Officer Tucker never entered into Mr. Price’s residence at the time Price alleged his civil rights were violated.

Accordingly, on July 24, 2013, Mr. Price’s attorney consented to have the Complaint against Officer Derek Miller and Officer Nick Tucker of the Chapmanville Police Department dismissed with prejudice, meaning that it can never be brought up again.

Officers Miller and Tucker claimed they were innocent all along and that they never violated Mr. Price’s civil rights. Their attorneys, Dwayne Cyrus and Kim Bandy of the law firm Shuman McCuskey and Slicer in Charleston, West Virginia, were successful in proving the officers did nothing wrong. Mr. Cyrus successfully proved Officer Tucker never entered into Mr. Price’s home and was clearly demonstrated Officer Miller could not have violated Mr. Price’s civil rights as he was off work with a compensable workplace injury.

Mayor Jerry Price said “I am relieved with the successful conclusion of this matter as it relates to Officer Tucker, Officer Miller, and the Chapmanville Police Department. The Town of Chapmanville prides itself in attempting to hire, educate, train and retain some of the most professional police officers in Logan County and the State of West Virginia. We are proud of our officers and the duties that they perform for the citizens of the Town of Chapmanville. I am glad that these officers have been vindicated and that this suit, as it relates to Chapmanville Police officers, has been dismissed.”