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WELLMAN v. STATE OF W. VA.

Civ. A. No. 83-3064.

637 F.Supp. 135 (1986)

Larry WELLMAN, Plaintiff, v. STATE OF WEST VIRGINIA, by its Governor ROCKEFELLER; John O'Rourke, Superintendent of State Police; R.H. Miller, Captain Inspector; Sgt. Martin; John H. Zirkle, Trooper; K.G. Burner, Trooper: John Bronson, Judge; Elliott E. Maynard, Former Prosecuting Attorney, Mingo County; John T. Poore, Assistant Prosecuting Attorney, Mingo County; Ethel Pollis, Mingo County Magistrate; John Hambrick, Mingo County Magistrate; Joey Kairhi, Mingo County Magistrate; Bobby Jack Lawson, Mingo County Jailer; City of Williamson, by its Chief of Police, W.C. "Jolly" Smith and Unnamed Officers and its Mayor and City Councilmen; West Virginia Department of Welfare, by its Employees, Savolia A. Joyce, Leo T. Downey, Jr. and Alemeda V. Epling, All of Williamson Area Office, Williamson, WV; United States of America by its United States Attorney, David A. Faber; Former United States Attorney Robert King; Deputy United States Attorney Name Unknown; Federal Bureau of Investigation and Agent Kevin Harvey; Deputy United States Attorney Barbara Betts, defendants.

United States District Court, S.D. West Virginia, Huntington Division.

June 13, 1986.

Attorney(s) appearing for the Case

Larry Wellman, pro se.

Chauncey H. Browning, Atty. Gen., David P. Cleek, Dana D. Davis, Deputy Attys. Gen., Charleston, W.Va., for State defendants.

Stephen A. Weber and Harry F. Bell, Jr., Kay, Casto & Chaney, Charleston, W.Va., for City of Williamson, etc.

John E. Jenkins, Jr., Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., for Elliott E. Maynard, John T. Poore & Thomas Ward.

Gary E. Pullin, Asst. U.S. Atty., Huntington, W.Va., for David A. Faber, Barbara Betts and Kevin Harvey.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are several motions to dismiss filed by the Defendants in this action. Wellman's complaint alleges that he collected evidence against public officials in Williamson, in Mingo County, West Virginia, during his tenure as a police officer until 1980. Wellman spoke with the county prosecutor, state officials and federal officials to secure prosecution of crimes which Wellman believes have occurred in Mingo...

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