November 13, 2008
Another lawsuit filed against Montgomery
Page 2 of 2
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The Fayette County Sheriff's Department is investigating, and FBI officials have said they are assisting in the investigation.

 

  • In another lawsuit, Veronia Strickland claims that Smithers Police Chief Gary Perdue, who also is a Montgomery officer, told her that the cost of running Ray's City Cab was $2,000 a month shortly after she bought the business in December 2004, according to a suit filed Sept. 5 by Charleston lawyers Mike Callaghan and Mark Kelley.
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  • Fayette County resident Clyde Sullivan filed a lawsuit in May, alleging that Smithers and Montgomery police harassed him and violated his rights on several occasions.
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    According to the lawsuit filed by Clifford, Sullivan was "viciously assaulted, thrown against his car and later thrown down on the pavement" by Smithers Police Officer R.V. Neal. Two other Smithers officers also were present, the lawsuit alleges, and two Montgomery officers also are named in the lawsuit.

     

  • A lawsuit alleging sexual assault was filed against Leavitt, a Cedar Grove officer at the time, and another Cedar Grove officer in October.
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    Leavitt, along with a Cedar Grove officer identified as R. Curry and a Kanawha County sheriff's deputy, held Patricia O'Scha on a hill across from Riverside High School on March 15, according to the lawsuit. The three allegedly told her that if she would have sex with any of the officers, she would not have to go to jail.

    Leavitt then did a pat down of O'Scha, according to the filing, "including placing his hands on her breasts, her [rear end], and between her legs."

    O'Scha said Leavitt found several prescription pills inside the vehicle, along with about $1,000. O'Scha, who says she was addicted to and abusing prescription medications, was charged with possession of drugs with intent to deliver.

    She was alone with Leavitt from 3 a.m. to 6 a.m. at the Montgomery police station, according to the complaint. During the three-hour period, Leavitt kept implying that O'Scha should have sex with Leavitt or give him oral sex, according to the complaint.

    Clifford said this might not be the end of lawsuits against Montgomery police, Hutchinson and Leavitt. "We shall see whether more are coming," he said.

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

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