A Woodrow Wilson High School teacher and assistant coach has filed a federal lawsuit against two West Virginia State Police officers after a 2020 girls basketball game became violent. The suit, filed by Eugene Nabors, alleges that he suffered broken bones, injuries to the back, and was unlawfully arrested without justification during a home game between Greenbrier East and Woodrow Wilson.
The suit was filed in the Southern District of West Virginia against Sr. Trooper J.L. Tincher and Sgt. D.P. White of the West Virginia State Police. The suit notes Tincher was assigned to Governor Jim Justice’s security detail. Justice is also the Lady Spartans’ head coach. Nabors works with “moderately- to severely- disabled children” and “an assistant coach to the Woodrow Wilson High School girls basketball team” in Raleigh County.
As explained by Brandon Baker in coverage of the game for The West Virginia Daily News, “according to reports, these incidents started that evening after family members of the Woodrow coaches and players, and a few fans from either side, began jawing at each other. Nabors apparently walked over into the stand where the taunting was coming from, before sailing over the bench like he was shot out of a cannon. He was arrested while laying on the floor and taken out in handcuffs.”
According to the complaint, “during the game on February 11, 2020, the referees called a timeout during the 4th quarter of the game due to rough play by both teams,” reads the lawsuit. “During the timeout, the surveillance video depicts [Nabors] walking from the Woodrow Wilson bench to the baseline of the basketball court to talk to Woodrow Wilson High School administrators. … During [Nabors]’ conversation with [Woodrow Wilson High School administrators], two Greenbrier East fans, one a parent to a Greenbrier East player, and another unidentified male, interrupted the above-referenced conversation acting in an aggressive manner and seeking to instigate a confrontation. Next, the video depicts Principal Powell and Mr. Payne stepping between the unruly and aggressive Greenbrier East fans and [Nabors].”
Nabors approached school administrators to address “certain Greenbrier East High School basketball fans yelling racial slurs and epithets at the Woodrow Wilson girls basketball players and coaching staff.” The suit notes “Nabors is African-American.”
According to a criminal complaint filed against another individual, Steven Damon, that night, Damon approached Tincher in the second quarter, telling him that if “a Woodrow Wilson coach kept ‘flipping him off,’ [Damon] was going to kick the [coach’s] a** in the parking lot after the game.” Tincher told Damon to calm down and not make threats. Around 7 p.m., Damon approached the officer again as Tincher noticed Eugene Nabors left “the bench, crossed the court, and approached the principal of Woodrow Wilson.” Damon then turned and “aggressively got into the face of Mr. Nabors.” Tincher notes in the complaint he was unable to hear what was said between the parties, but he attempted to de-escalate the situation as more “individuals left the stands, entered onto the floor, disrupting the game; this ultimately led to an altercation with multiple individuals involved and to the suspension of the game itself.”
Nabors was issued a citation for obstructing an officer.
“[Nabors] was not acting in an aggressive or unruly manner at any time during the event as the video demonstrates,” the lawsuit reads. “The video further depicts [Nabors]’s adult son exiting the stands and approaching the group, at the same time [Tincher] and another unidentified WVSP Trooper are approaching the group. [Nabors] is depicted in the video ushering his adult son back into the stands and [Tincher] can be seen following [Nabors] to the Woodrow Wilson bench. The video then depicts [Nabors] in a defenseless position with his hands and arms stretched wide standing and attempting to speak with [Tincher] regarding his interaction with the Greenbrier East fans. … The video next depicts [Tincher] suddenly and violently, with no justification, assaulting [Nabors], causing him to fall backwards, breaking his arm and causing injury to his back. … [Tincher’s] unlawful conduct was caught on video. Mr. Nabors was further injured by [White’s] subsequent actions during Mr. Nabors’ unlawful arrest.”
The injuries involved bones in the forearm, a broken ulna and radius, and injuries to his back, extreme distress, other injuries as described below, and was unlawfully arrested and detained without justification.”
After he was taken into custody, Nabors “was handcuffed and escorted out of the gymnasium,” where “[Nabors] inquired of [White] the reason for his detention, at which time [White] stated that [Nabors] had pushed [Tincher]. In response to this statement, [Nabors] inquired of [Tincher] whether he had touched him in any way, to which [Tincher] admitted that [Nabors] had not touched [Tincher] at all. Defendant Nabors was then transported to the Lewisburg Detachment of the WVSP where he was detained and later released. [Tincher] completed a ‘Report of Criminal Investigation’ on or about April 7, 2020, wherein he wrote that [Nabors] grabbed [Tincher]’s arms and physically restrained him – a claim that is completely and totally contradicted by the surveillance video, which shows that Plaintiff Tincher did not grab or restraining [Tincher].”
The suit charges the officers with:
– Violations of the Fourth and 14th Amendments against both Tincher and White.
– Violation of the Fourth Amendment of the United States Constitution, Excessive Force, against Tincher
– Violation of the Fourth Amendment of the United States Constitution, Excessive Force, Against White.
– Assault and Battery
The suit also notes Justice’s use of the word “thug” to describe the Woodrow Wilson players. Justice later stated “my definition of a thug is clear – it means violence, bullying, and disorderly conduct. And we, as West Virginians, should have zero tolerance for this kind of behavior. Anyone that would accuse me of making a racial slur is totally absurd.” The suit notes Justice later said, “you know, if I could take it back surely, I would take it back because you know, I never dreamed that it would bother anyone.”
The case continues forward in federal court, with discovery and summons issued for the defendants.
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