A financial settlement has been reached in a lawsuit filed against authorities in Braxton County after allegations of excessive force during an arrest. The case, which involves Robert Marsh of Braxton County, has sparked concerns about police conduct and accountability.
Allegations of Excessive Force
On April 30, 2024, a lawsuit was filed on behalf of Robert Marsh in the U.S. District Court for the Northern District of West Virginia. The suit names one West Virginia State Trooper and three Braxton County deputies, accusing them of using excessive force during Marsh’s arrest on September 17, 2022.
Marsh’s legal team claims that the officers violated his civil rights by using unnecessary and unlawful force. While the officers involved in the incident deny any wrongdoing, they have agreed to settle the case for $195,000 each from the West Virginia State Police and the Braxton County Sheriff’s Office. The settlement does not include an admission of guilt or liability from the defendants.
Details of the Incident
According to court documents, the altercation began when Marsh became involved in a confrontation in a bar parking lot with the ex-boyfriend of a woman he was dating. The lawsuit claims that Marsh was knocked unconscious during the altercation, only to wake up to find law enforcement officers standing over him. A witness video reportedly shows one of the officers using a flashlight on Marsh while he was still on the ground.
Once Marsh was moved onto his back, the lawsuit alleges that one of the deputies stood on his arm. The officers are further accused of forcibly driving a knee into Marsh’s back while placing him in handcuffs.
The lawsuit claims that Marsh was then kicked and struck by the officers, with reports stating that Marsh heard one of his ribs crack during the assault. The officers allegedly kicked him in the face, stomach, and chest, all while telling onlookers to return to the bar. Marsh alleges that during the beating, he was taunted with the words, “This is what happens when you mess with [redacted]’s girl.”
Injury and Medical Treatment
Marsh was left severely injured from the alleged assault. The lawsuit describes how officers poured water on Marsh’s head to clean off the blood, but by the time emergency medical personnel arrived, his face and ears were covered in blood. Marsh was then transported to a hospital, where he was treated for injuries that included swelling of his left eye, bleeding from his nose and mouth, and a headache. The following day, Marsh was sent to a larger hospital where it was determined that he had suffered multiple rib fractures and facial fractures.
The severity of Marsh’s injuries has raised questions about the use of force by law enforcement, particularly in the absence of clear body camera or security footage documenting the events.
Charges and Legal Complications
Marsh was initially charged with obstructing a police officer and disorderly conduct on September 18, 2022, the day after the incident. However, the charges were dropped later that same day, with no explanation given as to why the charges were dismissed.
In a later supplemental narrative filed by the officers, they claimed that Marsh had returned to the scene after leaving following the initial altercation. The officers stated that they were preparing to leave when they heard that Marsh had returned. According to their narrative, Marsh was reportedly “bloodied and beaten” when they encountered him, and the officers claimed that Marsh was uncooperative with both law enforcement and emergency medical personnel.
Despite the conflicting narratives, the charges against Marsh were dismissed, leaving the settlement as the primary resolution to the matter.
What Does the Settlement Mean for Police Accountability?
The settlement reached in this case – totaling $780,000, with $195,000 for each defendant – raises critical questions about law enforcement accountability. While the officers involved in the incident deny any wrongdoing, the settlement reflects an effort to resolve the dispute without further litigation.
The lack of body camera footage or clear security camera evidence has been a point of contention in the case, leaving Marsh’s claims largely unverified except for witness accounts. This highlights the ongoing concerns about transparency and accountability in law enforcement, particularly when there are no visual records to substantiate allegations of excessive force.
Get the Support You Deserve
At Police Brutality Center, we are dedicated to providing support for victims of police brutality and excessive force. We understand that navigating the legal system can be overwhelming, especially when you’ve experienced trauma at the hands of those sworn to protect you. Our team can help you understand your rights and connect you with legal professionals who specialize in cases of police misconduct. If you or someone you know has been affected by police brutality or excessive force, contact Police Brutality Center today.