Logan County man says deputy used unjustified force in arrest - WOWK 13 Charleston, Huntington WV News, Weather, Sports

Logan County man says deputy used unjustified force in arrest

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A Logan County man says a Logan County sheriff's deputy used "unjustified" force after arresting him.

Charles Allen Simpkins filed the federal suit July 1 against the Logan County Sheriff's Department and deputy James Brown.

The events in the suit started in July 2011 when Simpkins said he called 911 after a domestic dispute broke out between him and his girlfriend.

In his suit, Simpkins asserts Brown — one of the two deputies who responded to the scene — handcuffed and pepper sprayed Simpkins without speaking to him.

Simpkins was arrested on charges of unlawful/malicious wounding, domestic battery, brandishing a deadly weapon and battery.

The suit alleges Brown placed Simpkins in the back of the patrol vehicle and when Simpkins asked to roll down the window, Brown again sprayed him with pepper spray.

His suit continues, saying deputies stopped at a local elementary school, where he said Brown took him out of the back seat and repeatedly punched and kicked him. Simpkins said the other deputy then intervened.

Simpkins said because of this, deputies took Simpkins to Logan Regional Medical Center, where Simpkins was treated for a nondisplaced fracture of the nasal bone along with facial/scalp/rib and ankle contusions.

His suit seeks damages including pain and suffering, loss of enjoyment of life, annoyance, aggravation, inconvenience, psychological, emotional distress and compensatory and punitive damages

The Logan County Sheriff's Department has not yet filed a response.