A court has declined the motion to dismiss the lawsuit filed by a Black couple who said they were racially profiled by West Virginia law enforcement who accused them of growing marijuana.
“We’re moving forward on all charges,” civil rights attorney John H. Bryan said in a video update on Friday, Sept. 22.
The couple, Donnie and Ventriss Hairston, as well as their landlord, Jason Tartt, filed a lawsuit against McDowell County Sheriff deputies Dalton Martin and Jordan Horn last year, stating that their civil rights were violated. The McDowell County Commission and supervisor James “Boomer” Muncy were also listed as defendants “for allegedly implementing an unconstitutional policy or custom that caused constitutional injuries.”
In August 2020, the deputies approached the Hairstons, both in their 60s and retired, at a home they were renting. They questioned if they were growing the drug, to which they replied “no,” according to court documents shared by Bryan. The two deputies, who are white, also searched the exterior of the property.
“As the situation progressed, the officers grew more agitated and demanding, and plaintiffs, none of whom had any criminal history, quickly realized that the officers had no legitimate reason to suspect them of any wrongdoing or to be angry with them,” the suit says.
“Plaintiffs suspected that the officers were racially profiling them and violating their civil rights. Because plaintiffs were ‘in a rural area with a history of police misconduct and official corruption,’ they felt that the officers endangered them.”
The incident happened at the height of protests against police brutality and racism in the country following the deaths of George Floyd and Breonna Taylor. Body camera footage shows Ventriss expressing that she was “scared” during the interaction. As Atlanta Black Star reported, Ventriss and her husband were accused of growing “four marijuana plants located in overgrown brush” at a nearby property.
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