Friday, November 19, 2010
Supreme Court Dismisses Lawsuit Stemming From Mingo County Slaying
WEST VIRGINIA....
The West Virginia Supreme Court has unanimously agreed to dismiss a lawsuit stemming from a State Police investigation into the 2005 slaying of drug informant Carla Collins which occurred in Mingo County. Betty Jarvis, a former Kanawha County school board member, and Wanda Carney, who were convicted of conspiracy and obstruction, claimed they were prosecuted in retaliation for their involvement in the investigation that followed the killing. The Supreme Court reversed the pair's criminal convictions in 2008.
Jarvis and Carney sued the State Police and three troopers, and the case reached the Supreme Court after Kanawha Circuit Judge Paul Zakaib refused to dismiss the lawsuit. The Supreme Court reversed Zakaib's ruling, saying that, in order for Jarvis and Carney to sue, they would have to prove the troopers acted without probable cause when arresting them. During a hearing in September, a lawyer representing the State Police and the troopers said the grand jury that indicted Jarvis and Carney found probable cause.
The State Police and troopers also asked the Supreme Court to affirm their qualified immunity from negligence lawsuits. The court did not do that.
The West Virginia Supreme Court has unanimously agreed to dismiss a lawsuit stemming from a State Police investigation into the 2005 slaying of drug informant Carla Collins which occurred in Mingo County. Betty Jarvis, a former Kanawha County school board member, and Wanda Carney, who were convicted of conspiracy and obstruction, claimed they were prosecuted in retaliation for their involvement in the investigation that followed the killing. The Supreme Court reversed the pair's criminal convictions in 2008.
Jarvis and Carney sued the State Police and three troopers, and the case reached the Supreme Court after Kanawha Circuit Judge Paul Zakaib refused to dismiss the lawsuit. The Supreme Court reversed Zakaib's ruling, saying that, in order for Jarvis and Carney to sue, they would have to prove the troopers acted without probable cause when arresting them. During a hearing in September, a lawyer representing the State Police and the troopers said the grand jury that indicted Jarvis and Carney found probable cause.
The State Police and troopers also asked the Supreme Court to affirm their qualified immunity from negligence lawsuits. The court did not do that.
# posted by Homer Owens @ 11:20 PM 
