In an answer filed in the United States District Court for the Southern District of W.Va., The Logan County Sheriff’s Department and Deputy James Brown, individually and and in his official capacity, deny the allegations made in a case involving the deputy beating a suspect in 2011.
Charles Allen Simpkins alleges Deputy Brown took a detour and beat him behind a school near Accoville. Simpkins says his civil rights were violated and he was kicked and punched multiple times with weighted leather gloves.
Brown says he did use pepper spray to subdue the suspect and transported him for medical attention. Simpkins was treated for a broken nose and bruising on his ribs, face, head and ankle.
Simpkins had been charged with domestic battery, battery on a police offier, malicious wounding, and brandishing a dangerous weapon.
Brown denies he acted in violation of Simpkins’ constitutional rights and denies he acted willfully, intentionally, or in deliberate, callous disregard of his constitional and statutory rights or that he in any way denied Simpkins due process of law.
Brown requested the Court dismiss the plaintiff’s complaint and the defendant be awarded his costs expended.