Discovery Violation Requires New Civil Rights Trial Against Cop

A plaintiff, who lost his excessive force suit against a West Virginia police officer, is entitled to relief from judgment because the officer committed a discovery violation, the Fourth Circuit said Wednesday.

The violation qualified as misconduct under Federal Rule of Civil Procedure 60(b)(3), the opinion by Judge Barbara Milano Keenan said.

Frank Morgan alleged that J.D. Tincher, who at the time was an officer with the Logan, W.Va., police department, battered Morgan while arresting him and while he was restrained in handcuffs at the police station. Morgan alleged that Tincher used his hands, feet, and a metal pipe to ...