Trial for civil-rights lawsuit filed against sheriff is set for Nov. 19, 2013

Suit filed on Mark Daniel Haines behalf claims Jefferson County Sheriff Robert E. "Bobby" Shirley kicked him in the head repeatedly and also stomped on his face

August 07, 2012|By MATTHEW UMSTEAD |
  • Shirley

MARTINSBURG, W.Va. — A trial for the civil-rights lawsuit filed by a convicted bank robber who claims he was severely beaten by Jefferson County Sheriff Robert E. “Bobby” Shirley and 14 other law enforcement officers has been set for Nov. 19, 2013, according to court records.

The federal civil lawsuit filed on Mark Daniel Haines’ behalf claims the sheriff kicked him in the head repeatedly and also stomped on his face, according to court documents.

Officers allegedly threw Haines to the ground and against a cruiser, punched him and shocked him with stun guns, according to court documents.

Shirley’s attorneys have denied the allegations.

U.S. District Judge John Preston Bailey, who is presiding in the case, signed the scheduling order, which was dated Friday, according to court documents.

Filed May 29, the civil lawsuit indicates Haines suffered scrapes and bruises on his face and back, a hemorrhage in his right eye, and a broken nose, rib and eye socket after he led police on a vehicle chase from Jefferson County into Berkeley County in December 2010.


Haines was sentenced May 9 to nearly 19 years in prison and three years of probation after pleading guilty to the Dec. 22, 2010, robbery of a BB&T branch in Martinsburg. Bailey, who presided in Haines’ criminal case, also ordered the defendant to repay more than $7,500.

In June, Shirley pleaded not guilty to two criminal charges contained in a federal indictment that alleges he kicked Haines and assaulted him, and willfully deprived him of his right to be free from use of unreasonable force by a law enforcement officer.

The indictment also accuses the sheriff of falsifying a use-of-force report regarding Haines’ arrest. The trial for the pending criminal charges against Shirley is set for Jan. 22.

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