ATHENS, W.Va. -- Kay Deakins lies on the couch in her home with a home oxygen machine at her head and a wheelchair at her feet.
The 63-year-old says she's been in poor health for years, since she was injured in a series of car accidents.
But in April, the State Police say she pushed, kicked and scratched state troopers as they arrested her son, Anthony, and husband, Harry. They arrested her, too -- charging her with assault on a police officer.
Kay and her family allege, in a lawsuit written and filed by her husband, Harry Deakins, 63, that a state trooper pulled her out of her wheelchair and forced her on the ground, then dragged her outside, putting a gash in her hip. The suit also claims State Police repeatedly violated Harry Deakins' civil rights, beating him while using slurs regarding his Jewish descent.
"They held the gun that close to my head," Kay Deakins said, lifting her hand out of the covers to hold fingers an inch apart. "I hate the State Police. I'm scared to death of them."
The incident wasn't the first time the family had a run-in with the department.
In February, Anthony Deakins filed a statement with the department that started an internal investigation into officers assigned to the Princeton detachment.
Anthony says he believes the family's treatment in April was a direct result of that.
"It was retaliation and revenge, I guess," he said.
"There's no guess about it," said Harry Deakins.
State Police account
According to the State Police, the family was violent toward them when they came to their home near Pipestem State Park in Mercer County, police records and criminal complaints filed in the case show.
Major J.B. Schoolcraft, deputy chief of field services, said the department can't comment on this, or any other case where there's a lawsuit filed against them.
State Police arrived at the Deakinses' home April 22. They live there with their son, Anthony, 38. Troopers were looking to arrest Harry Deakins on a warrant from Virginia accusing him of malicious wounding and destruction of property. Those charges are still pending.
According to the warrants regarding that case, which were provided by the family, Harry Deakins and his son, Sean, were confronted by Harry's daughter-in-law, Elizabeth Deakins, at the home she used to share with Sean. The two men were trying to take property from the residence, the warrants say.
After arguing with Elizabeth, Harry backed his car into her thigh, according to the warrant. Then he got out of the car and used a baseball bat on the side window of her car, causing her to be cut with glass.
According to the State Police, Harry Deakins saw the troopers arrive at his house April 22. He ran inside and barricaded himself in, according to the criminal investigation report, which was prepared by the State Police and provided by the family.
A trooper then went to the back door of the home and found the keys hanging off the doorknob. He unlocked the door and went in with his pistol drawn.
The trooper found Anthony Deakins standing with a screwdriver in his hand. The trooper ordered him to drop the screwdriver, which he did after being told to do so three times, according to the report.
But after the trooper holstered his gun, the report says, Anthony lunged at the trooper, tried to choke him and then tried to take his gun as they wrestled on the floor.
"During the time the physical altercation occurred, Mr. Deakins' parents ... began kicking [the trooper]," according to the report. The couple was then restrained by other troopers, according to the report.
Anthony Deakins was arrested and charged with malicious wounding, obstructing justice, assault on a police officer, battery on a police officer and brandishing a deadly weapon.
Harry Deakins was charged with battery on a police officer, obstruction of justice and fleeing on foot.
Kay Deakins was charged with one count of obstruction of justice, two counts of battery on a police officer and one count of assault on a police officer.
All of the charges are still pending.
In their lawsuit, the Deakins family tells a very different tale of what happened that day.
Harry Deakins filed the suit himself -- though he is not a lawyer -- in U.S. District Court for the Southern District of West Virginia at Bluefield.
Deakins said he filed it himself because when he talked to lawyers about the case, they wanted to file a personal injury lawsuit.
"It's not a personal injury case; it's a civil rights case," he said. "We're not interested in the money."
He said he's not expecting to win the case -- he knows that's probably impossible without a lawyer -- but he wants a record of what happened to him and his family.
"I'm trying to preserve this indefinitely," he said. "So when another lawyer comes to do research on another case, it's going to be there."
According to the lawsuit, the family didn't know police -- or anyone else -- was at their home April 22 until someone started trying to kick in their front door. They were worried their house was being burglarized and didn't get a response when they asked who was outside, according to the lawsuit.
A trooper then opened the back door with a crowbar, slammed Harry Deakins off the refrigerator and onto the floor and jumped on his back, according to the lawsuit.