A woman from Logan County, West Virginia has filed suit against West Virginia State Police Col. David Lemmon and two state agencies alleging that she sustained personal injuries because the troopers sprayed her genitals with pepper spray after arresting her.
According to the claim filed on September 9 in the Kanawha County, West Virginia Circuit Court by Angela Denise Bunting, on September 14, 2006, she was arrested after an altercation at a Logan County gentleman’s club.
According to the suit, Troopers Simmons and Jones responded to the fight and subdued Bunting with pepper spray, placed her in handcuffs and leg chains, and took her to the local state police detachment.
Upon arrival, Bunting alleges that she was placed on a bench and shackled to the floor with a handcuff and chain before Troopers Simmons, Jones, Fry and Doe began to beat her with their hands, fists, knees, feet and elbows.
The first names and ranks of the troopers were not listed in the complaint.
According to the suit, at one point, the troopers sprayed Bunting with Pepper spray on her “unprotected vagina.” She claims she was beaten on her face, stomach, back, arms, torso and legs.
The complaint says that Bunting was bleeding from the mouth and attempted to stop the assault by spitting blood at the troopers and claiming to be HIV positive. She alleges that she was charged with attempted murder, but the charge was dismissed because she didn’t have HIV.
Bunting claims that she was attacked without provocation or justification. She claims negligence on the part of Lemmon, the West Virginia State Police and the West Virginia Department of Military Affairs and Public Safety for failure to uphold their duty to adequately supervise and train employees to make arrests as safely as possible. She claims their inadequate training led to the use of excessive force against her.
Bunting claims damages for violation of constitutional rights, physical injuries, sever emotional distress, embarrassment, loss of self-confidence, mental anguish, and economic loss.