Woodruff argues that, as his employer, Smithers and the State Police are liable for Moore's actions.
Moore, who was named West Virginia State Police Trooper of the Year in 2010, is on paid administrative leave, State Police Capt. Tony Cummings said earlier this week.
U.S. District Judge John Copenhaver has been assigned Robert Woodruff's case. Kanawha Circuit Judge Tod Kaufman has been assigned Kimberly Woodruff's case.
Thornsbury is expected to respond to the federal lawsuit by Oct. 28.
He pleaded guilty earlier this month in a charge of trying to deprive George White of his constitutional rights. Thornsbury admitted that he agreed to give White a lighter sentence on drug charges if he switched attorneys. After White got a new attorney, he signed a statement saying he had never provided slain Mingo sheriff Eugene Crum with prescription pills -- he'd previously told federal agents that he had done so.
If U.S. District Judge Thomas Johnston approves Thornsbury's plea deal, the charges outlined in an indictment, which allege that he tried to have Woodruff jailed, would be dropped.
Mike Callaghan, the Woodruffs' attorney, has said dropping those charges won't hurt his client's cases.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.