The Times West Virginian

Local News

September 18, 2013

FSU student’s appeal in lawsuit against city struck down

FAIRMONT — The state Supreme Court of Appeals has struck down an appeal filed by a Fairmont State University student in a lawsuit against the City of Fairmont.

The court ruled Aug. 30 that Nicholas Ray Bryant (petitioner) did not introduce evidence necessary to prove his claim that Fairmont police officers (respondents) owed him a duty of care or that they breached that duty.

The suit stemmed from an incident on Nov. 19, 2010, in which Bryant claimed he allegedly sustained injuries after being tased by Fairmont police officers who were chasing him.

Bryant was walking along Locust Avenue to his dorm room that night when officers observed him “walking unsteadily and placing a trash can in the middle of the street.”

The officers sped toward him in their police cars, which were parked across the street from Bryant.

Bryant says he did not know they were police, so he began running and they followed.

He says that as he jumped from a retaining wall, he was shot in the back with a taser. His body and limbs were paralyzed by the taser and he “landed awkwardly,” suffering fractured ankles and a fractured right elbow.

 

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