CHARLESTON, W.Va. — A Kanawha County civil jury ruled three State Police troopers did not use excessive force in the 2009 arrest of a Mingo County resident.

Attorney Robert Ryan, who represented the troopers, said after the verdict, “These men and the rest of the men and women, of the West Virginia State Police, go to work every day under dangerous conditions to protect us and when they are accused of things such as this, they deserve to be exonerated in public by a jury, of the citizens of West Virginia.”

James Justice sued Trooper First Class E.B. McClung, Trooper First Class B.K. Wellman and Senior Trooper T.D. Boggs after accusing them of using excessive force when they arrested him on March 15, 2009, in Logan County. Justice was arrested for carrying a concealed weapon, public intoxication, disorderly conduct and obstruction.

A Kanawha County jury returned a verdict in less than 50 minutes Wednesday finding the troopers did not use excessive force when arresting, transporting or processing Justice.

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  • wondering

    ....trout fisherman ?? What .*%&*" sacrifices?? Nobody made them take the job! Btw i have never been arrested

  • mark

    Now, i see alot of people here defending the police.Thats all good, most of them are a credit to the service they do. However if any of u think that ALL of them are just great you are dead wrong.I know, a few bad apples spoils the bunch, but they are there make no mistake about it. anyone remember a few yrs back when the 3 state police officers beat the man for complaining about their loud party? One of them spent 7 yrs in prison get my point? Dont be to quick to label all cops good, or that they are all bad. But, the bad ones need to go

    • Jonus Grumby


      You are exactly right. Some cannot handle the moral obligations that come with the guns & badges. There are always a few bad law enforcement types on most every police force. Those are the ones who make it difficult for the others who are working within the law. And I have no sympathy for the less than ethical types when they are exposed. The real problem is telling one from the others.

  • Jonus Grumby

    Funny how alcohol often times is involved with these "excessive use of force" complaints.

  • Henry

    We live in a time where virtually everything is being recorded. It's time that the state legislature pass a law requiring that all police personnel wear body cameras. This simple process will end frivolous lawsuits and give merit to the ones that deserve attention.

    • Joe

      Sounds good jay zoom, and I suppose you will not mind having your taxes raised or your welfare benefits reduced to pay for this. Have you priced body cameras and the associated costs of maintaining them. This welfare mentality is why WV is the hole it is in, we can just mandate all these programs and give aways and someone else can pay for them.

  • jay zoom

    GOD BLESS OUR STATE TROOPERS---some of the comments on this page really reflect their intelligence. some day they'll need a state trooper and we'll see what their song and dance is then.

  • DWL

    Now it would be nice to see the Troopers sue the plaintiff and his attorney for basically lying by filing the law suit in the first place.

    • trout fisherman

      DWL- I agree! There is nothing worse than realizing that an individual will not be prosecuted and/or sued for making false statements about you as an officer(s). Where is the justice when making false statements to law enforcement would ordinarily be met with the filing of criminal charges. Most of the time prosecuting attorneys will not touch such a case on the premise they don't want the public to fear reporting police graft and abuse.

  • Mike

    What to go Troopers! The bad guy gets caught and tries to blame the Troopers. Lets see now,drunk,CC, disordley and obstruction.Sounds like a nice kind of guy. If the Troopers had not arrested this scum bag what damage would he have caused later on. There is always some lawyer working hard to get these type of people a few dollars at the cost of those that risk their lives every day. The people that always hate on those that protect us are the ones breaking the law.One day when one of these Troopers pulls your family member out of a burning car that you drove drunk you then will see how these men and women risk it all day in and day out. We need more Troopers and less scum bags. One win for the good guys.

  • Law

    The legal system is made up but lawyers to protect those in the legal system. My guess is the judge riged this case so the jury could not no what really happened. If the judge riges a case their is not much you can do about it.

    • Joe

      Law, from your sentence structure and spelling, I have no doubt why you are adverse to the police and the legal system. I would care to poffer that you have been on the receiving end of some of the justice you mention.

      The legal system is made up [of] lawyers [who] protect those in the legal system. My guess is[,] the [J]udge [rigged] this case so the jury could not [know] what really happened. If the [J]udge [rigs] a case[,] [there] is not much you can do about it.

  • wondering

    Anybody want to tell me how they protect the public really?? Its only a myth like bigfoot. 99% of the time they just give tix to ppl down on their luck. Or fill out paperwork for the insurance company after the fact or stand around looking important while waiting on the bodies to be hauled away. But always after the fact!! They don't reduce crime and will never get aheadvof the drug game. Its just another govt waste of $$ and a joke

    • Jonus Grumby

      So, how many times have you been arrested?

    • trout fisherman

      So we should just do away with law enforcement? I really would like to see how that would work out fer ya!

  • C. F. T.

    WhRah for these and all Troopers of the WVSP. The unfortunate part is that the lie went this far. Hopefully the complainant and his worthless Lawyer will need an Troopers assistance some late night, when surrounded by thugs and no Law Enforcement Officer of any Department can be found.

  • me

    I been going to doctors and specialists since April of 2013 and I went in due to I cant feel my toes or my feet around my toes....They said it was my sugar well then I started to develop chest cramps, weird pain and they sent me to a heart doctor in Ashland Ky, the Docs office is in S.Point OH. Also I have blood in my feces every now and then and seeing a doctor in Huntington WV...At everyone of these doc appt. my blood pressure has been off the charts and why has nobody given me Blood Pressure medicine also nobody, I mean nobody has taken interest in getting the pain out of my feet...I'm I being played...Yesterday my blood pressure was 240/160 and they sent me in a Ambulance from S.Point to St.Marys stating I was a threat to myself...About 2 hrs later Im standing in the cold on my sore feet waiting for a ride to go back to S.Point to get my car...Is there a crime being committed by this doctors office ???

    • Joe

      You do understand you can get a second opinion don't you. Of course giving up the booze, smoking and cutting back on your weight was never considered as the Dr. suggested. It is all their fault because they won't give you a magic pill that will cure all your ills. while we are at it , how is your comment relative to the artice at hand?

    • reality check

      what are you talking about and how on earth is this related to this article???

      • Jonus Grumby


  • WV Citizen

    Mr. Justice received his justice. Bet he was thinking he would receive a nice little out of court settlement. WRONG!!

    • trout fisherman

      To WV Citizen: Unfortunately that is the route many departments take without fighting false claims against their officers. What do you think that does to those officers who are left to fight these accusations on their own? It's virtually impossible win a civil hearing when the dept. settlement is brought into the fray.

  • Independent View

    Attorney Robert Ryan, who represented the troopers, said after the verdict, “These men and the rest of the men and women, of the West Virginia State Police, go to work every day under dangerous conditions to protect us and when they are accused of things such as this, they deserve to be exonerated in public by a jury, of the citizens of West Virginia.”

    Only if they are not guilty! That's why we have a justice system, so each party gets their day in court.