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NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | August 15, 2012
A lawsuit claiming that a Berkeley County Sheriff's Office deputy was responsible for injuring a boy in 2010 when a dart from an officer's stun gun pierced the teen's right eye socket at the boy's home has been settled for $250,000. Berkeley County Council attorney Norwood Bentley III said the county's insurer, West Virginia Counties Risk Pool, has agreed to pay the victim $134,000 and to buy an annuity from USAA Life Insurance Co. for $116,000. The annuity ultimately will be worth about $172,000 to the victim, Bentley said.  Beginning Dec. 1, the victim is to receive guaranteed annuity benefit payments of $500.95 per month for 28 years and nine months, according to the agreement.
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NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | August 7, 2012
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.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | April 13, 2012
A former county employee has filed a lawsuit in Berkeley County Circuit Court, claiming she was terminated because she discovered property was wrongly classified for tax-assessment purposes and reported it. Attorney Harry P. Waddell filed the lawsuit Monday on behalf of Sharon Chaffee, who was dismissed in October 2011 from her job as a transfer clerk in the Berkeley County Assessor's Office, according to Waddell's six-page complaint. The Berkeley County Council, Gearl Raynes, in his official capacity as the county's assessor, and former Assessor Patricia “Patsy” Kilmer were named as defendants in the lawsuit.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | March 28, 2012
A lawsuit filed Monday claims a Berkeley County Sheriff's Office deputy is responsible for injuring a boy in 2010 when a dart from an officer's stun gun pierced the teen's right eye socket at the boy's home. The lawsuit, filed by attorney Joseph R. Ferretti, names the Berkeley County Commission, now known as the Berkeley County Council, and Sheriff's Deputy Cpl. Matthew Rephann as defendants. Ferretti confirmed Wednesday that he filed the civil action on behalf of the boy, who is now 16, and his father, Jeff Clark, to preserve his clients' damage claim while negotiations with the county's insurance provider to resolve the matter are under way. Norwood Bentley III, the county council's attorney, said Wednesday that Ferretti had notified him the civil action would be filed, but Bentley said he did not have a chance to look at the lawsuit and could not comment about the claims outlined in the eight-page complaint.
NEWS
By JENNIFER FITCH | waynesboro@herald-mail.com | February 21, 2012
A judge will make several key decisions in the coming weeks in a man's lawsuit against Urology Associates of Chambersburg, which told patients last year it had reused prostate biopsy needles. Franklin County (Pa.) Court of Common Pleas Judge Richard Walsh heard arguments Tuesday from the practice's attorney and an attorney hired by Robert Eyler, formerly of Waynesboro, Pa. Eyler claims in the lawsuit that he learned he had contracted hepatitis C only after a November 2008 biopsy.
NEWS
By ANDREW SCHOTZ | andrews@herald-mail.com | January 21, 2012
The legal landscape for Maryland's recent congressional redistricting has become clearer with the dismissal of two more lawsuits, including one filed by a Washington County man. Still, challenges to the plan remain alive. The plaintiffs in one case filed a notice of appeal with the U.S. Supreme Court on Friday, The Associated Press reported. Every 10 years, states readjust their congressional and legislative boundaries based on new population data gathered through the U.S. Census.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | October 25, 2011
A storage business has sued the Berkeley County Planning Commission, claiming it violated two Berkeley County Circuit Court orders when the county ordered the company to submit a site plan for an existing operation. Attorney Richard G. Gay filed the lawsuit on Oct. 19 on behalf of L&H Mobile Storage LLC and C. Lee Ridgely, the owner of property in question at 615 Pack Horse Ford Road south of Martinsburg, according to the 14-page civil action. Members of the Berkeley County Planning Commission, each of whom are named in the lawsuit, declined to comment after their regular meeting Monday night.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | September 29, 2011
A former sheriff's deputy wants a judge to order Berkeley County to reinstate him to his job and pay back wages and other benefits he would have accrued since being terminated in May 2011. P. Shannon Layne claims in a lawsuit filed on Sept. 23 by attorney Barry P. Beck that he was wrongfully terminated in violation of the Deputy Sheriff's Civil Service Act. Kenneth M. Lemaster Jr., in his capacity as Berkeley County sheriff, and the Berkeley County Council were named as defendants in the pending complaint that asks the court for a writ of mandamus to be issued, ordering compliance.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | August 25, 2011
The Berkeley County Council will meet behind closed doors with members of the county's Public Sewer Service District next week to review allegations that the utility committed more than 250 major violations since 2007. "I'm very disappointed ... that our residents are being let down, if these allegations are proven to be correct," Council President William L. "Bill" Stubblefield said of charges outlined in a lawsuit filed against the sewer district by the state Department of Environmental Protection.
NEWS
By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com | August 19, 2011
Citing more than 250 "major" violations, the West Virginia Department of Environmental Protection alleged in a lawsuit this week that the public sewer district in Berkeley County has repeatedly violated the state Water Pollution Control Act since 2007. Filed Monday in Berkeley County Circuit Court, the lawsuit asks a Circuit Court judge to stop the Berkeley County Public Service Sewer District from violating state law and a federal pollutant discharge permit program administered by the state environmental department.
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