Associate Jennifer Tully represented a case in Logan County Circuit Court. Plaintiff filed his Complaint generally alleging that Defendants Brian Simpkins and Paul Simpkins, in conjunction with Deputy Booth, caused the Plaintiff to be subjected to a traffic stop on December 31, 2016, in or near Man, Logan County, West Virginia. The Plaintiff further alleged that, as a result of the subject stop, his vehicle was search and impounded, the Plaintiff was arrested and the Plaintiff was charged with three separate criminal charges. Ultimately, the Plaintiff was lodged in the South Western Regional Jail where he alleges that he was assaulted by another inmate. Jennifer Tully & John Fuller filed a Motion to Dismiss on behalf of Defendant Booth based upon his claim of immunity pursuant to
WV Code
ยง29-12A-1 et. seq.
The Court found that it is without question that Deputy Booth was in fact acting within the scope of his employment. The Court dismissed this matter against Defendant Booth.