CHARLESTON, W.Va. — A Kanawha County judge has ordered that surveillance footage of two men being arrested be released to attorneys involved in a civil case against the Clendenin Police Department, Town of Clendenin, and two former CPD officers.
Attorneys for plaintiffs Billy and Travis Roush, as well as the defendants, appeared before Kanawha County Circuit Judge Kenneth Ballard on Wednesday seeking the release of the video from the Kanawha County Sheriff’s Office, as well as a delay of the civil trial to allow for review of the evidence. The lawsuit alleges use of excessive force, malicious prosecution, assault and battery, and false arrest by former Clendenin Police officers J.M. Bruce and Payton Carr, as well as failure to train and supervise officers and unconstitutional policy of arresting for obstructing an officer by the Town of Clendenin.
The suit also alleges constitutional rights violations and battery of five people by Bruce and Carr, in addition to false arrest and battery of ten people.
The footage in question is held by the Kanawha County Sheriff’s Office as part of the criminal investigation connected to the case, which, despite no charges being active, has not been formally closed. Joey Spano, representing the plaintiffs, stated before the judge that he coordinated with KCSO Detective Ana Pyle and Kanawha County Assistant Prosecuting Attorney Adam Petry to facilitate the video’s release, pending a court order.
Neither the sheriff’s department nor the prosecutor’s office objected to the footage’s release, and Judge Ballard agreed to grant that order as well as allow for a new trial to be scheduled to permit both parties time to consider the evidence as part of discovery.
Billy and Travis Roush, father and son, filed the lawsuit in December 2024, alleging mistreatment at the hands of Clendenin Police officers during an incident they say occurred on August 3, 2023. The suit states that a dispute outside Clendenin City Court between Bruce and the two men resulted in a physical altercation that also involved Carr and led to both Roushes being arrested and Billy Joe Roush requiring medical treatment.
Bruce allegedly ordered the men to get out of the street outside the court, and after a verbal argument, detained Travis Roush for obstructing an officer and obstructing a roadway. Billy Roush alleges that as he continued to confront Bruce, the officer became physical with him, and as Travis Roush attempted to pull his father away, Carr tackled Billy Roush to the ground, causing serious injury.
The suit claims that the officers handcuffed both men, and Bruce continued to batter Billy Roush while leading him into the Clendenin police station and after sitting him in a chair inside. It further alleged that Billy Roush suffered severe injuries to his face, neck, and back that resulted in medical bills of more than $200,000, while Travis Roush also required medical treatment for a shoulder injury.
All charges against Billy and Travis Roush related to the incident were dismissed in Kanawha County Magistrate Court.
A new date for the civil trial will be scheduled.