MASTON v. WAGNER

No. 14-1113.

781 S.E.2d 936 (2015)

Deputy J.K. MASTON, Tyler County Sheriff's Department, Trooper S. Curran, and West Virginia State Police, Defendants below, Petitioners v. Thomas Jefferson WAGNER, Plaintiff below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2015.


Attorney(s) appearing for the Case

Gary E. Pullin, Esq. , Emily L. Lilly, Esq. , Michelle Rae Johnson, Esq. , Pullin, Fowler, Flanigan, Brown & Poe, PLLC, Charleston, WV, Counsel for the Petitioners.

David A. Jividen, Esq. , Chad D. Haught, Esq. , Jividen Law Offices, PLLC, Wheeling, WV, Counsel for the Respondent.


In this appeal from the Circuit Court of Tyler County, a plaintiff contends that he was improperly arrested by a deputy sheriff and a state trooper. The plaintiff claims that a reasonable jury could find that the law enforcement officers arrested him without probable cause to do so, and that they unreasonably used excessive force...

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