September 10, 2009
East Bank police chief, two ex-officers sue town
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CHARLESTON, W.Va. -- Three East Bank police officers have sued the eastern Kanawha County town, alleging that they were retaliated against after criminal charges were filed against the town recorder.

In separate suits filed this week in Kanawha Circuit Court, East Bank Police Chief Jess Inclenrock and former officers James R. Carte Jr. and Steven W. Smith maintain that Town Recorder Bill Thompson, with the help of town council members, harassed members of the police department after he was charged with retaliation against an officer, disorderly conduct and obstructing a police officer in September 2008.

County prosecutors dismissed the charges against Thompson in December.

Inclenrock's wife, Christy, is also a plaintiff. A deputy Kanawha circuit clerk, she contends that she was fired from her job as East Bank municipal court clerk as part of the alleged retaliation.

Charleston attorney J.B. Akers represents all four plaintiffs.

Smith was fired in November 2008 after he acknowledged that he had used his Taser on two civilians, including Candice White, an 18-year-old woman who was pregnant at the time. Smith maintained that both people wanted to feel the effects of the shock-weapon, and that he had used a low setting on them.

White has since filed her own lawsuit against the town and Smith.

Smith's lawsuit maintains that he used the Taser in "drive stun" mode, which applies a significantly smaller shock than the highest setting. Smith told White that being "drive stunned" is comparable to a bad bee sting, and that his Taser was not fully charged when he "drive stunned" her, meaning it was not as painful, according to his lawsuit.

This happened months before White complained to city council, Smith maintains. Smith and his wife remained friendly with White throughout this period, and she only lodged a formal complaint after he refused to help her after her mother was arrested in an unrelated incident, the suit maintains.

At around the same time, Thompson was charged with allegedly interfering with the arrest of his neighbor. After the town's police officers filed charges against Thompson, the police department was placed on the agenda for the next council meeting on Sept. 11, 2008, according to Smith's suit.

At this meeting, White levied her complaint against Smith.

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Posted By: Paul Masley (1:31pm 09-12-2009)
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East Bank is just like a lot of small towns. The Council Members tries their best to run the Mayor's job instead of doing what they were elected for. The Mayor is supposed to run the city with "The Council's" support and advice. The Mayor also has oversight of the Police Department, not "The Council."

And for Harry, sometimes suits are the only way to put "The Council" in their place. Now for the officer tazing someone without cause, yes he should be fired immediately if proven guilty of doing it, and yes, the Police Chief should be "On Call" around the clock and should be justly compensated for it. The Police Chief should not have set hours as he is "On Call." He should be available at the Mayor's call anytime and just because the Mayor has this power, it should not be abused.

Posted By: Ahelena (9:26pm 09-11-2009)
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