CHARLESTON, W.Va. -- A former Montgomery police officer fired after his partner assaulted a man and falsely charged the man's wife with driving under the influence is suing the town for wrongful termination.

Shawn Hutchinson says in his lawsuit that the town didn't follow procedural rules for disciplinary actions, and that he was entitled to a hearing on the issues before being fired. Hutchinson says in the lawsuit that he requested a hearing, but that town officials didn't respond to that request.

The lawsuit was filed in Kanawha Circuit Court this week by Charleston lawyer Bill Forbes.

Hutchinson was the partner of Matthew Leavitt the night the pair stopped Twan and Lauren Reynolds outside the 7-Eleven store in Montgomery.

Leavitt hit Twan Reynolds over the head with a blackjack, kicked him in the back and sprayed his eyes with pepper spray at close range. He also used a racial epithet and licked Lauren Reynolds on the neck during an interrogation. The couple's 4-year-old daughter witnessed much of the assault.

Leavitt is in federal prison after pleading guilty to two civil rights misdemeanors in the case. The Reynolds family settled a lawsuit with the city for $500,000.

According to a deposition in the case, federal officials decided not to prosecute Hutchinson as long as he stayed out of trouble for one year.

Hutchinson also claims city officials failed to provide any reason for the termination and that his termination caused him substantial financial harm.

In September 2008, Montgomery Mayor Jim Higgins told the Gazette-Mail he fired Hutchinson for insubordination. The mayor said Hutchinson was a probationary officer, so he was terminated immediately after the Reynolds incident.

Shortly after being fired in Montgomery, Hutchinson was hired as an officer in Glasgow.

Shawn Hutchinson says in his lawsuit that the town didn't follow procedural rules for disciplinary actions, and that he was entitled to a hearing on the issues before being fired. Hutchinson says in the lawsuit that he requested a hearing, but that town officials didn't respond to that request.

The lawsuit was filed in Kanawha Circuit Court this week by Charleston lawyer Bill Forbes.

Hutchinson was the partner of Matthew Leavitt the night the pair stopped Twan and Lauren Reynolds outside the 7-Eleven store in Montgomery.

Leavitt hit Twan Reynolds over the head with a blackjack, kicked him in the back and sprayed his eyes with pepper spray at close range. He also used a racial epithet and licked Lauren Reynolds on the neck during an interrogation. The couple's 4-year-old daughter witnessed much of the assault.

Leavitt is in federal prison after pleading guilty to two civil rights misdemeanors in the case. The Reynolds family settled a lawsuit with the city for $500,000.

According to a deposition in the case, federal officials decided not to prosecute Hutchinson as long as he stayed out of trouble for one year.

Hutchinson also claims city officials failed to provide any reason for the termination and that his termination caused him substantial financial harm.

In September 2008, Montgomery Mayor Jim Higgins told the Gazette-Mail he fired Hutchinson for insubordination. The mayor said Hutchinson was a probationary officer, so he was terminated immediately after the Reynolds incident.

Shortly after being fired in Montgomery, Hutchinson was hired as an officer in Glasgow.

He told the Gazette-Mail in February that he was with the Glasgow department about two weeks when he went to his regular barber in Montgomery. When he walked outside, there were more than 10 black men waiting for him, ready to fight him. He says he had arrested most of them.

"So they start coming at me and I show them my duty weapon. I don't pull it out, nothing illegal," he said.

Hutchinson believes that by showing them he was armed, he kept himself from getting beaten.

"I went back to the chief in Glasgow and told him, and they ended up firing me over that issue," Hutchinson said.

Hutchinson was unemployed until hired as a police officer in Chesapeake in April 2009. He remains an officer in the town.

In February, Hutchinson told the Gazette-Mail that he believes his and Leavitt's actions were proper the night they arrested Twan and Lauren Reynolds.

"It's my strong opinion we didn't do anything wrong," he said. "The mayor didn't stand behind me or Leavitt. Whenever he fired me the next day, that was a sign of weakness. It told everyone, 'My boys did do it.'

"He brought me in the next day after the incident. ... He fired me without asking a word about what happened."

Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.