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W.Va. Supreme Court: Lawsuit Against Police Can Proceed

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The West Virginia Supreme Court says a Middlebourne man’s lawsuit against a deputy sheriff and a state trooper can go forward.

On Tuesday, Nov. 10, the justices agreed with Tyler County Circuit Judge David Hummel, who refused to throw out Thomas C. Wagner’s complaint against Trooper Shaun Curran and Deputy Sheriff Joshua Maston.

According to court papers, Wagner left a bar late one rainy night in 2009 and noticed the officers parked outside an apartment building he owns. After a brief verbal exchange, he headed for his apartment on foot. The officers caught Wagner from behind and handcuffed him, causing an elbow injury that required surgery.

Curran says Wagner had shouted obscenities and raised suspicions by running. Wagner denies cursing and says he was just trying to get out of the rain.

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