CHARLESTON, W.V. — Accepting the allegation that a police officer did not use his lights or sirens to initiate a traffic stop gone wrong that resulted in the paralysis of a motorcyclist, a federal court in West Virginia ruled that the officer and his colleague are not entitled to immunity on Fourth Amendment claims. After running the plaintiff into a pond, the officers allegedly used pepper spray and “stomped” on his head even though he was motionless.
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