Gibson v. West Virginia State Police et al
Plaintiff: Gibson and Sintel Gibson
Defendant: West Virginia State Police, Chief B. Kerling, Trooper Wisner, Officer Chad Robinette, Deputy Saville, City of Keyser Police Department, Mineral County Sheriff's Department, Eric Veach, Deputy Franks, J. Hudson, Other unknown law enforcement officers and supervisors who participated in the raid of Plaintiff's apartment on October 23, 2014, Trooper Travelpiece, West Virginia University Police Department, Jeremy Taylor, Hon. James W. Courrier, Jr., Jeffery Connelley, Captain RJ Wingler, Trooper John Droppleman and Larry Virts, Jr.
Case Number: 3:2016cv00147
Filed: October 24, 2016
Court: US District Court for the Northern District of West Virginia
Office: Martinsburg Office
County: Mineral
Presiding Judge: John Preston Bailey
Referring Judge: Gina M Groh
2 Judge: Robert W Trumble
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2018 Filing 71 NOTICE of Change of Address by Sintel Gibson. (Attachments: #1 Envelope).(tlg)
October 17, 2017 Filing 70 Mail sent to Sintel Gibson #68 Order on Motion to Dismiss for Failure to State a Claim, #69 Clerk's Judgment Returned as Undeliverable/Unclaimed. (cnd)
September 21, 2017 Filing 69 CLERK'S JUDGMENT in favor defendants and against Sintel Gibson. Signed by Clerk of Court on 9/21/17. (Attachments: #1 Certified Mail Return Receipt)(jss)
September 21, 2017 Opinion or Order Filing 68 ORDER GRANTING MOTIONS TO DISMISS: Defendants Motion to Dismiss filed on behalf of Troopers Droppleman, Wisner and Travelpeace #43 and Defendants West Virginia University Police Department, Eric Veach, Brian Kerling, Chad Robinette, and Jon Hudsons Amended Motion to Dismiss #54 are GRANTED. Defendants Troopers Droppleman, Wisner, Travelpeace, Eric Veach, Brian Kerling, Chad Robinette, and Jon Hudson are DISMISSED. Furthermore, inasmuch as the same arguments and deficiencies concerning a constitutional violation would be applicable to the remaining defendants, this action is hereby DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to enter judgment infavor of the defendants. Finally, this matter is hereby ORDERED STRICKEN from the active docket of this Court. Signed by District Judge John Preston Bailey on 9/21/17. (jss) (Additional attachment(s) added on 9/21/2017: #1 Certified Mail Return Receipt) (jss).
August 7, 2017 Filing 67 Mail sent to Sintel Gibson #66 Roseboro Notice, #65 Order on Motion to Dismiss for Failure to State a Claim, Returned as Undeliverable. (tlg)
July 7, 2017 Opinion or Order Filing 66 ROSEBORO NOTICE: re #54 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by B. Kerling, West Virginia University Police Department, Chad Robinette, Eric Veach, J. Hudson. Within 30 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by District Judge John Preston Bailey on 7/7/2017. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 7/7/2017: #1 Certified Mail Return Receipt) (tlg).
July 7, 2017 Opinion or Order Filing 65 ORDER DENYING MOTIONS #30 , #36 AS MOOT. Signed by District Judge John Preston Bailey on 7/7/2017. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 7/7/2017: #1 Certified Mail Return Receipt) (tlg).
May 22, 2017 Filing 64 RETURN RECEIPT as to #61 Order on Motion to Appoint Counsel. SERVICE ACCEPTED on 5/18/17. (njz)
May 18, 2017 Filing 63 RETURN RECEIPT as to #59 Order Reassigning Case. SERVICE ACCEPTED on 5/16/17. (njz)
May 17, 2017 Filing 62 RETURN RECEIPT as to #59 Order Reassigning Case. SERVICE ACCEPTED on 5/15/17. (njz)
May 15, 2017 Opinion or Order Filing 61 ORDER DENYING #56 PLAINTIFFS MOTION TO APPOINT COUNSEL. Signed by District Judge John Preston Bailey on 5/15/17. (njz) copy mailed to pro se pla via cert. return rec't mail (Additional attachment(s) added on 5/15/2017: #1 Certified Mail Return Receipt) (njz).
May 15, 2017 Filing 60 NOTICE of Change of Address by Sintel Gibson. (Attachments: #1 Envelope)(njz)
May 12, 2017 Opinion or Order Filing 59 ORDER TRANSFERRING CASE to District Judge John Preston Bailey for all further proceedings. Chief Judge Gina M. Groh no longer assigned to case. Signed by Chief Judge Gina M. Groh on 5/12/17. (njz) copy mailed to pro se pla via cert. return rec't mail at both addresses listed in Letter #57 (Additional attachment(s) added on 5/12/2017: #1 Certified Mail Return Receipt) (njz).
May 11, 2017 Filing 58 RETURN RECEIPT as to #53 Order on Motion for Leave to File. SERVICE ACCEPTED on 5/9/17. (njz)
May 8, 2017 Filing 57 LETTER from Clerk to Sintel Gibson regarding #56 MOTION to Appoint Counsel with change of address requested filed by Sintel Gibson. (njz) copy mailed to pro se pla, at both addresses with form, via regular mail
May 8, 2017 Filing 56 MOTION to Appoint Counsel by Sintel Gibson. (Attachments: #1 Envelope)(njz)
April 27, 2017 Filing 55 MEMORANDUM In Support of Amended Motion to Dismiss by J. Hudson, B. Kerling, Chad Robinette, Eric Veach re #54 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Jeffries, Mark)
April 27, 2017 Filing 54 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by J. Hudson, B. Kerling, Chad Robinette, Eric Veach, West Virginia University Police Department. (Jeffries, Mark)
April 26, 2017 Opinion or Order Filing 53 ORDER GRANTING DEFENDANTS' MOTION #46 FOR LEAVE TO FILE AMENDED MOTION TO DISMISS. Signed by Chief Judge Gina M. Groh on 4/24/2017. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 4/26/2017: #1 Certified Mail Return Receipt) (tlg).
April 24, 2017 Filing 52 CERTIFICATE OF SERVICE by John Droppleman, Trooper Travelpiece, Trooper Wisner Rule 26(a) Initial Disclosures. (Whitler, Matthew)
April 24, 2017 Filing 51 CERTIFICATE OF SERVICE by J. Hudson, B. Kerling, Chad Robinette, Eric Veach, West Virginia University Police Department Rule 26(a)(1) Initial Disclosures. (Jeffries, Mark)
April 24, 2017 Filing 50 CERTIFICATE OF SERVICE by Jeffery Connelley, Deputy Franks, Deputy Saville, Larry Virts, Jr, RJ Wingler Rule 26(a)(1) Disclosures. (Greve, Wendy)
April 17, 2017 Filing 49 RETURN RECEIPT as to #48 Roseboro Notice, #47 Scheduling Order. SERVICE ACCEPTED on 4/13/17. (njz)
April 10, 2017 Opinion or Order Filing 48 ROSEBORO NOTICE: re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Droppleman, Trooper Travelpiece, Trooper Wisner. Within 30 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Chief Judge Gina M. Groh on 4/10/2017. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 4/10/2017: #1 Certified Mail Return Receipt) (tlg).
April 10, 2017 Opinion or Order Filing 47 SCHEDULING ORDER: Joinder and Amendments due by 12/15/2017. Discovery due by 2/23/2018. Motions due by 3/23/2018. Proposed Pretrial Order due by 5/25/2018. Final Pretrial Conference set for 6/1/2018 09:30 AM in Martinsburg District Judge Courtroom, 2nd Floor before Chief Judge Gina M. Groh. Jury Selection and Jury Trial set for 6/12/2018 09:00 AM in Martinsburg District Judge Courtroom, 2nd Floor before Chief Judge Gina M. Groh. The 4/14/2017 scheduling conference is hereby VACATED. Signed by Chief Judge Gina M. Groh on 4/10/2017. Copy sent certified mail, return receipt to pro se Plaintiff. (tlg) (Additional attachment(s) added on 4/10/2017: #1 Certified Mail Return Receipt) (tlg).
April 10, 2017 Filing 46 MOTION for Leave to File Amended Motion to Dismiss by J. Hudson, B. Kerling, Chad Robinette, Eric Veach, West Virginia University Police Department. (Attachments: #1 Exhibit Amended Motion to Dismiss, #2 Exhibit Memo in Support of Amended Motion to Dismiss)(Jeffries, Mark)
April 7, 2017 Filing 45 REPORT of Rule 26(f) Planning Meeting. (Whitler, Matthew)
March 28, 2017 Filing 44 Memorandum in Support re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Droppleman, Trooper Travelpiece, Trooper Wisner. (Attachments: #1 Exhibit A)(Whitler, Matthew)
March 28, 2017 Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Droppleman, Trooper Travelpiece, Trooper Wisner. (Whitler, Matthew)
March 27, 2017 Filing 42 RETURN RECEIPT as to #41 Roseboro Notice. SERVICE ACCEPTED on 3/24/17. (njz)
March 21, 2017 Opinion or Order Filing 41 ROSEBORO NOTICE: re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by B. Kerling, Chad Robinette, J. Hudson, #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by West Virginia University Police Department, Eric Veach. Within 30 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Chief Judge Gina M. Groh on 3/21/17. (njz) copy mailed to pro se pla via cert. return rec't mail (Additional attachment(s) added on 3/22/2017: #1 Certified Mail Return Receipt) (njz).
March 13, 2017 Filing 40 RETURN RECEIPT as to #38 First Order. SERVICE ACCEPTED on 3/10/17. (njz)
March 10, 2017 Filing 39 CERTIFIED MAIL/RETURN RECEIPT Other Document re #27 Answer to Complaint, filed by Jeffery Connelley, Deputy Franks, Deputy Saville, Larry Virts, Jr, RJ Wingler. (Greve, Wendy)
March 7, 2017 Opinion or Order Filing 38 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 3/24/2017. Rule 26 Meeting Report due by 4/7/2017. Telephonic Scheduling Conference set for 4/14/2017 01:00 PM. Discovery due by 4/24/2017. Signed by Chief Judge Gina M. Groh on 3/7/17. copy mailed to pro se pla via cert. return rec't mail(njz) (Additional attachment(s) added on 3/7/2017: #1 Certified Mail Return Receipt) (njz).
March 7, 2017 Filing 37 MEMORANDUM In Support by J. Hudson, B. Kerling, Chad Robinette re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Jeffries, Mark)
March 7, 2017 Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by J. Hudson, B. Kerling, Chad Robinette. (Jeffries, Mark)
February 27, 2017 Filing 35 SUMMONS Returned Executed as to RJ Wingler served on 2/24/2017. (njz)
February 27, 2017 Filing 34 SUMMONS Returned Executed as to J. Hudson served on 2/14/2017. (njz)
February 27, 2017 Filing 33 SUMMONS Returned Executed as to Chad Robinette served on 2/14/2017. (njz)
February 27, 2017 Filing 32 SUMMONS Returned Executed as to B. Kerling served on 2/14/2017. (njz)
February 23, 2017 Filing 31 MEMORANDUM in Support of by Eric Veach re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Jeffries, Mark)
February 23, 2017 Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eric Veach, West Virginia University Police Department. (Jeffries, Mark)
February 23, 2017 Filing 29 Corporate Disclosure Statement by John Droppleman, Trooper Travelpiece, Trooper Wisner. (Whitler, Matthew)
February 23, 2017 Filing 28 Corporate Disclosure Statement by Jeffery Connelley, Deputy Franks, Deputy Saville, Larry Virts, Jr, RJ Wingler. (Greve, Wendy)
February 23, 2017 Filing 27 Defendants', Deputy Larry Virts, Jr., Deputy J. L. Franks, Deputy D. r. Saville, Jeffrey Connelly and Captain r. J. Wingler's ANSWER to #1 Complaint,, by Jeffery Connelley, Deputy Franks, Deputy Saville, Larry Virts, Jr, RJ Wingler.(Greve, Wendy)
February 23, 2017 Filing 26 ANSWER to #1 Complaint,, by John Droppleman, Trooper Travelpiece, Trooper Wisner.(Whitler, Matthew)
February 8, 2017 Filing 25 RETURN RECEIPT as to #15 Order on Motion for Extension of Time to File. SERVICE ACCEPTED on 2/6/17. (njz)
February 3, 2017 Filing 24 SUMMONS Returned Executed as to Eric Veach served on 2/2/2017. (njz)
February 3, 2017 Filing 23 SUMMONS Returned Executed as to Larry Virts, Jr served on 2/2/2017. (njz)
February 3, 2017 Filing 22 SUMMONS Returned Executed as to Trooper Travelpiece served on 2/2/2017. (njz)
February 3, 2017 Filing 21 SUMMONS Returned Executed as to Deputy Franks served on 2/2/2017. (tlg)
February 3, 2017 Filing 20 SUMMONS Returned Executed as to John Droppleman served on 2/2/2017. (njz)
February 3, 2017 Filing 19 SUMMONS Returned Executed as to Deputy Saville served on 2/2/2017. (tlg)
February 3, 2017 Filing 18 SUMMONS Returned Executed as to Jeffery Connelley served on 2/2/2017. (tlg)
February 3, 2017 Filing 17 SUMMONS Returned Executed as to Trooper Wisner served on 2/2/2017. (tlg)
February 1, 2017 Opinion or Order Filing 15 ORDER Granting the Plaintiff's Motion in Part: To the extent that the Plaintiffs motion seeks to name Sheriff Jeremy Taylor as a defendant, it is hereby DENIED. the Plaintiffs motion and attached exhibits, the Court finds good cause to include the above named defendants and hereby DIRECTS the Clerk to add the same to the docket. The Clerk of Court is further DIRECTED to issue a twenty-one (21) day summons for each of the following defendants: Captain RJ Wingler, Chad Robinette, J. Hudson and Chief B. Kerling. The Court GRANTS the Plaintiffs motion for an extension of time to name the remaining unknown defendants. The Plaintiff shall now name the remaining unknown defendants by February 28, 2017, or they will be dismissed from this action. The Plaintiffs Motion to Include Known "Unknown" Defendants and Request for Additional Time to Identify West Virginia State Police Defendants [ECF No. #13 ] is hereby GRANTED IN PART and DENIED IN PART.Signed by Chief Judge Gina M. Groh on 2/1/2017. Copy to pro se plaintiff by cm,rrr. (cmd) (Additional attachment(s) added on 2/1/2017: #1 Certified Mail Return Receipt) (cmd).
February 1, 2017 Filing 14 RETURN RECEIPT as to #10 Order on Motion for Leave to Proceed in forma pauperis. SERVICE ACCEPTED on 1/30/2017. (tlg)
January 20, 2017 Filing 13 PLAINTIFF'S MOTION TO INCLUDE KNOWN "UNKNOWN" DEFENDANTS AND REQUEST FORADDITIONAL TIME TO IDENTIFY WEST VIRGINIA STATE POLICE DEFENDANTS by Sintel Gibson. (Attachments: #1 1-Letter dated 1/6/17, #2 2-Call Summary Report, #3 3-Letter dated 1/11/17, #4 4-Letter dated 1/18/17, #5 Cover letter, #6 Envelope)(njz) copy of front page of motion returned to pro se pla as requested via regular mail.
January 20, 2017 Filing 12 RETURN RECEIPT as to #9 Order on Report and Recommendations, Order on Motion for Extension of Time to File, Order Adopting Report and Recommendations. SERVICE ACCEPTED on 1/17/17. (njz)
January 18, 2017 Opinion or Order Filing 10 ORDER GRANTING THE #2 PLAINTIFFS MOTION TO PROCEED IN FORMA PAUPERIS. The Court DIRECTS the Clerk of Court to issue a twenty-one (21) day summons for each of the following defendants: Trooper John Droppleman, Trooper Wisner, Trooper Travelpiece, Deputy Larry Virts, WVU police officer Eric Veach, Deputy Frank, Deputy Saville and Jeffrey Connelley. Signed by Chief Judge Gina M. Groh on 1/18/17. (njz) copy mailed to pro se pla via cert. return rec't mail. copies of order, complaint, summons, and USM 285 provided to USM CBurg for process of service (Additional attachment(s) added on 1/26/2017: #1 Certified Mail Return Receipt) (njz).
January 11, 2017 Opinion or Order Filing 9 ORDER ADOPTING #5 REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF'S #7 MOTION FOR ENLARGEMENT OF TIME TO IDENTIFY UNKNOWN DEFENDANTS: upon careful review of the R&R, it is the opinion of this Court that Magistrate JudgeTrumble's #5 Report and Recommendation should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated therein. The Court GRANTS the Plaintiff's #7 motion. The Plaintiff shall have until January 31, 2017, to identify the unknown defendants or they will be dismissed from this action. Mineral County Sheriff's Department, Jeremy Taylor (in his official and individual capacity as a Sheriff of Mineral County), West Virginia State Police, West Virginia University Police Department, City of Keyser Police Department and James W. Courrier, Jr. (in his official and individual capacity as the Mineral County Prosecuting Attorney) are dismissed with prejudice from the complaint. Signed by Chief Judge Gina M. Groh on 1/11/2017. Copy mailed to pro se plaintiff by CMRR at his last known address as reflectedon the docket sheet. (cwm) (Additional attachment(s) added on 1/11/2017: #1 Certified Mail Return Receipt) (cwm).
December 23, 2016 Filing 8 Duplicate filing of #7 OBJECTION (njz) copy returned as requested Modified on 1/4/2017 to correct docket text and regen NEF. (cmd)
December 23, 2016 Filing 7 PLAINTIFF'S OBJECTION to #5 REPORT AND RECOMMENDATION AND MOTION FOR ENLARGEMENT OF TIME TO IDENTIFY "UNKNOWNDEFENDANTS" IN RELATION TO THE COURT'S REPORT AND RECOMMENDATION by Sintel Gibson. (Attachments: #1 1-Correspondence, #2 Cover Letter, #3 Envelope)(njz) copy returned as requested Modified on 1/4/2017 to correct docket text. (cmd)
December 5, 2016 Filing 6 RETURN RECEIPT as to #5 REPORT AND RECOMMENDATIONS. SERVICE ACCEPTED on 12/2/2016. (cmd)
November 29, 2016 Filing 5 REPORT AND RECOMMENDATION DISMISSING CERTAIN DEFENDANTS AND ISSUING SUMMONS AS TO OTHERS re #1 Complaint filed by Sintel Gibson: recommends that Defendants, WEST VIRGINIA STATE POLICE, MINERAL COUNTY SHERIFFS DEPARTMENT, CITY OF KEYSER POLICE DEPARTMENT, WEST VIRGINIA UNIVERSITY POLICE DEPARTMENT,JEREMY TAYLOR and HON. JAMES W. COURRIER, JR. be DISMISSED WITH PREJUDICE from Complaint [ECF No. #1 ; recommends that the District Judge give plaintiff anadditional thirty (30) days in which to identify these unknown defendants"; recommends that the District Judge direct the Clerk to issue a twenty-one (21) day summons for each of the following defendants: Trooper John Droppleman, Trooper Wisner, Trooper Travelpiece, Deputy Larry Virts, WVU police officer Eric Veach, Deputy Frank, Deputy Saville and Jeffrey Connelley. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file with the Clerk of the Court written objections. Signed by Magistrate Judge Robert W. Trumble on 11/29/16. (njz) copy mailed to pro se pla via cert. return rec't mail (Additional attachment(s) added on 11/29/2016: #1 Certified Mail Return Receipt) (njz).
October 31, 2016 Filing 4 RETURN RECEIPT as to #3 Notice. SERVICE ACCEPTED on 10/27/16. (njz)
October 24, 2016 Filing 3 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Sent certified mail, return receipt to pro se Plaintiff. (tlg) (Additional attachment(s) added on 10/24/2016: #1 Certified Mail Return Receipt) (tlg).
October 24, 2016 Filing 2 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Sintel Gibson. Pleading was hand-delivered. (tlg)
October 24, 2016 Filing 1 COMPLAINT against City of Keyser Police Department, Jeffery Connelley, James W. Courrier, Jr., John Droppleman, Deputy Franks, Mineral County Sheriff's Department, Other unknown law enforcement officers and supervisors who participated in the raid of Plaintiff's apartment on October 23, 2014, Deputy Saville, Jeremy Taylor, Trooper Travelpiece, Eric Veach, Larry Virts, Jr., West Virginia State Police, West Virginia University Police Department, Trooper Wisner, filed by Sintel Gibson. Pleading was hand-delivered. (Attachments: #1 Civil Cover Sheet).(tlg)

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Search for this case: Gibson v. West Virginia State Police et al
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Defendant: West Virginia State Police
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Defendant: Chief B. Kerling
Represented By: Monte L Williams
Represented By: Mark Jeffries
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Defendant: Trooper Wisner
Represented By: Matthew R. Whitler
Represented By: Mikaela D. Torbert
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Defendant: Officer Chad Robinette
Represented By: Monte L Williams
Represented By: Mark Jeffries
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Defendant: Deputy Saville
Represented By: Wendy E. Greve
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Defendant: City of Keyser Police Department
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Defendant: Mineral County Sheriff's Department
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Defendant: Eric Veach
Represented By: Monte L Williams
Represented By: Mark Jeffries
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Defendant: Deputy Franks
Represented By: Wendy E. Greve
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Defendant: J. Hudson
Represented By: Monte L Williams
Represented By: Mark Jeffries
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Defendant: Other unknown law enforcement officers and supervisors who participated in the raid of Plaintiff's apartment on October 23, 2014
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Defendant: Trooper Travelpiece
Represented By: Matthew R. Whitler
Represented By: Mikaela D. Torbert
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Defendant: West Virginia University Police Department
Represented By: Monte L Williams
Represented By: Mark Jeffries
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Defendant: Jeremy Taylor
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Defendant: Hon. James W. Courrier, Jr.
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Defendant: Jeffery Connelley
Represented By: Wendy E. Greve
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Defendant: Captain RJ Wingler
Represented By: Wendy E. Greve
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Defendant: Trooper John Droppleman
Represented By: Matthew R. Whitler
Represented By: Mikaela D. Torbert
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Defendant: Larry Virts, Jr.
Represented By: Wendy E. Greve
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Plaintiff: Gibson
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Plaintiff: Sintel Gibson
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