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| Virginia Prison Officers File $5.4 Million Suit Against Investigator |
| By Coalfield Progress |
| Published: 12/20/2002 |
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Four Wallens Ridge State Prison officers who were acquitted of beating an inmate earlier this year are suing the Virginia Department of Corrections investigator responsible for bringing criminal charges against them. Captain Isaac Hockett III, Lt. Jeffrey Compton, Sgt. Matthew Hamilton and officer Michael Bliley make numerous allegations against DOC internal affairs investigator Johnny R. Acosta in the 11-page lawsuit, including that he deceived county prosecutors in order to get the charges, intimidated potential witnesses in the case and made defamatory comments about them during the investigation. Norton attorney Tim McAfee filed the suit on the officers' behalf in Wise County Circuit Court. Acosta is named as a defendant both as an individual and in his capacity as an agent for DOC. The officers are each seeking $1.35 million in compensatory and punitive damages. In addition, they are seeking payment of their attorney fees and interest from the date they were arrested. A DOC spokesman declined to comment on the suit because it is considered pending litigation. Hockett, Compton, Hamilton and Bliley were arrested in December 2001 on a variety of felony charges stemming from the alleged Nov. 17, 2001, beating of inmate Thomas Plummer. DOC initially suspended the officers without pay and then fired them Feb. 4 shortly after a county grand jury indicted them on the charges. Bliley, then 32, of Coeburn, Compton, then 28, of Richlands, and Hamilton, then 29, of Big Stone Gap, were tried on the charges in March. But before the three-day trial had ended, most of the charges had been dismissed for lack of evidence and the final felony charge of maliciously causing bodily injury to the inmate was reduced to a misdemeanor of assault and battery. A 14-member jury found the three officers not guilty on that final charge. All criminal charges against Hockett, a 21-year DOC veteran, were dropped prior to the beginning of the trial because of insufficient evidence. Hockett was never accused of actually participating in the alleged beating, but DOC officials charged him because he was present and failed to prevent it. Following the officers acquittal on the charges, Circuit Court Judge Robert Stump ordered DOC to reinstate all four of the men to their former positions with back pay after he concluded DOC did not have grounds to fire them. |
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