A judge will review records requested by a Wheeling attorney from the Monongalia County Sheriff’s Department before deciding what records can be handed over.
A hearing was held before Judge Debra Scudiere in Monongalia County Circuit Court on Friday in the case of Robert McCoid vs. the Monongalia County Commission and Perry Palmer in his role as Monongalia County Sheriff.
Monongalia County Commission President Ed Hawkins, Palmer, Chief Deputy Al Kisner and several other members of the sheriff’s department attended the hearing, which saw the County Commission dismissed from the suit.
McCoid said he named the commission as a defendant out of an abundance of caution in case that body was the records holder. The sheriff department’s attorney, Phil Magro, said the commission had nothing to do with the suit and McCoid did not object to dropping the commission from the case.
The suit, filed in December, asks the court to compel the sheriff’s department to hand over any formal or informal complaints of excessive physical force, abusiveness — verbal or otherwise — or civil or criminal battery made against Deputy Lance Kuretza by any suspect or arrestee. The suit also seeks any warnings, suspensions from duty, administrative reassignment or any disciplinary action against Kuretza.
A Freedom of Information Request Act for those records was denied by Magro, citing the exemption that the information was personal in nature, prompting the suit.
McCoid is seeking the information because if there is a pattern of misconduct and a law enforcement agency knew about it, the agency can be named in a violation of civil rights suit. Typically, law enforcement agencies are immune from liability over violations by individuals.
McCoid said he understands the other side wants as much “sand in the gears as possible” but he’s “on the clock” in terms of getting the information he is seeking.
Scudiere suggested she review the records sought and decide what could be turned over. McCoid said he didn’t object to that as long as the entire personnel file was turned over.
“In other words, I don’t want it left to the respondent to determine what the court gets first,” McCoid said.
Magro said in his opinion the information was not disclosable but was fine with the court reviewing the entire personnel file and determining what is disclosable.
Scudiere ordered the file be turned over by Tuesday, after which she will review it.
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