CHARLESTON, W.Va. -- A lawsuit filed Sept. 5 alleging a police officer in Smithers and Montgomery tried to shake down the owner of a local cab company isn't the only suit pending against police there.
A Fayette County man filed a lawsuit in May, alleging Smithers and Montgomery police harassed him and violated his rights on several occasions.
Clyde Sullivan says Smithers Police Officer R.V. Neal stopped him in front of his house shortly after he left his father's bar on April 6.
According to the lawsuit, filed by attorney Mike Clifford, Sullivan was "viciously assaulted, thrown against his car and later thrown down on the pavement" by Neal. Two other Smithers officers were also present, the lawsuit alleges.
Sullivan said he had stopped at his father's bar to help him close it, and did not drink anything. He said he saw police nearby as he left the bar, and after he left, Neal pulled him over and asked if he had been drinking.
Sullivan said his father, who was driving his own car, pulled over to see what was going on.
"I told him they said I had a broken tail light," Sullivan said. "Then I said, 'I told you they saw me leave the bar.'"
Neal then became angry, cursed him and threw him to the ground, injuring his knee, Sullivan said.
When Sullivan's father told Neal that he had a cardiac pacemaker, police put him in handcuffs as well, Sullivan said.
Sullivan was taken to the police station by the three officers who cursed and belittled him for having a pacemaker, according to the lawsuit.
On April 14, Neal got a warrant for Sullivan's arrest for the April 6 incident, according to the lawsuit. The warrant was obtained by false testimony from Neal and wasn't served until May 3, when Fayette County magistrates were off duty, forcing Sullivan to be held overnight, the lawsuit alleges.
A Smithers deputy identified as Officer Roberts and a Fayette County sheriff's deputy identified as Officer Kessler served the warrant, according to the lawsuit.