A Cross Lanes man is suing two Kanawha County Sheriff’s Office deputies in federal court for alleged false arrest, excessive force, battery and assault.
According to the complaint, Jerry Parsons was speaking with a neighbor in front of his home in April 2024 when a man named Carlton Caines swerved his vehicle toward Parsons, got out with a gun held at his side and began yelling at Parsons.
Law enforcement officers, including deputies Matthew Dingess and Christopher Moyers, arrived to arrest Caines, who was charged with brandishing a deadly weapon.
According to magistrate court records, the case was dismissed at the state’s request. The court records say it was dismissed because of, “Officer request following investigation.â€
Moyers spoke with Parsons then left the property, according to the lawsuit.
Caines’ wife and daughter then began walking toward Parsons’ home, according to the lawsuit. Parsons “loudly†told the women, “You are trespassing and you need to leave.â€
Moyers then came back to the property to arrest Parsons. Moyers and Dingess “slammed†Parsons, 61 at the time, to the ground, according to the lawsuit.
In magistrate court records, Moyers wrote that Parsons was yelling “loudly and violently†even after being told to stop.
“The defendant then began to resist after being ordered to place his hands behind his back,†Moyers wrote. “In the process the defendant physically struck me in the chest, knocking off my body worn camera.â€
According to the lawsuit, Parsons did not resist arrest.
Parsons was charged with disorderly conduct, battery of an officer and obstructing the officer. The charges were dismissed in September due to the state’s witness not seeing the altercation.
The charges were refiled the next month.
According to the lawsuit, “no reasonable police officer†could believe there were grounds to arrest Parsons or that it was reasonable to “tackle†Parsons “given the nature of the incident.â€
Parsons is asking to have:
Moyers and Dingess undergo training about excessive force
The KCSO develop policies to prevent these actions
The KCSO discipline the officers
A jury trial
Damages awarded
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