INIA IN THE CIRCUIT COURT OF POCAHONTAS COUNTY, WEST VIRGII BENJAMIN M. WILFONG, Plaintiff, Givil Action No. 09-C- gt BERT ALKIRE, individually a ‘as Sheriff of Pocahontas County, and POCAHONTAS COUNTY COMMISSION; MARTIN SAFFER, JAMES CARPENTER and RETA GRIFFITH, COMMISSIONERS, Defendants. COMPLAINT Comes now tho plaintiff, Benjamin M. Wilfong, by counsel, R. Brandon Johnson and the law office of Stroebel & Johnson, P.L.L.C. and, for his complaint against the defendant, states as follows: a At all times relevant herein, plaintiff, Benjamin M. Wilfong, was and is a resident of Pocahontas County, West Virginia. 2. Atal times relevant herein, defendant, Robert Alkire, was and is a resident of Pocahontas County, West Virginia. Fu thermore, defendant Alkire, at all times relevant herein, was the Sheriff of Pocahontas County, West Virginia and the plaintiff's supervisor. 3. Atall times relevant herein, defendant Pocahontas County Commission, is a legal government entity and subject to the mandates of legislature as set forth in West Virginia Code §7-1-1, et seq. 4. Atalltimes relevant herein, defendant, Martin Saffer, President, is and was the duly elected officer of the Pocahontas County Commission. 5. Atall times rolevant herein, defendant James Carpenter, was a duly elected ‘Member of the Pocahontas County Commission,yo 6. Atalltimes relevant herein, defendant Reta Griffith, is and was a duly elected member of the Pocahontas County Commission. ft On or about November, 26, 2006, defendants hired plaintiff Wilfong to serve as a Pocahontas County deputy sheriff. The duly elected sheriff at that time was defendant Robert Alkire. 8. On or about August 3, 2007, plaintiff Wilfong, while on duty and within the Scope of his employment as a deputy sheriff for Pocahontas County, tore the meniscus in his left knee that required him to be treated for said injury by his family doctor and an orthopaedic surgeon. 9. On August 3, 2007, plaintiff, as a result of his aforementioned injury, filed a Workers’ Compensation claim. 10. Between August 6, 2007 and August 27, 2007, plaintiff Wilfong’s family doctor, Dr. Patricia Browning, provided defendants with various notes advising that plaintiff was unable to perform his work duties due to the aforementioned injury and should not work. 11. Onor about August 27, 2007, plaintiff provided defendants a note from Dr. Patricia Browning advising that plaintiff was able to return to work if he was provided a “desk job”. 12. In aduiliun, on September 4, 2UU/ and October 1, 2007, plaintiff again Provided defendants with notes from Dr. Patricia Browning advising that plaintiff could return to work but only perform “light duty”. 13. Despite plaintiff's repeated requests that he be permitted to return to work, defendants refused to accommodate plaintiff in that defendant Alkire accused plaintiff of filing a false Workers’ Compensation claim with the State of West Virginia. 14. Defendant Alkire’s allegation that plaintiff filed a fraudulent Workers’ Compensation claim was untrue. 15. On or about March 23, 2008, plaintiff was given permission by his doctor to feturn to work without any restriction. 16. Also, on or about March 23, 2008, after making repeated requests that he be Permitted to return to work, plaintiff was reinstated to a full time position with the 2County Sheriff's Department. However, after returning to work, defendants refused to provide plaintiff with pay increases to which he was entitled. VIOLATION OF HUMAN RIGHTS ACT , 48. Plaintiff re-asserts paragraphs onc through seventeen as if fully set forth herein. 19 The actions and inactions stated hereinabove by defendants resulted in defendants’ failure to accommodate plaintiff Wilfong after he sustained injuries while in the line of duty as a deputy sheriff. 20. The actions and inactions stated hereinabove by defendants resulted in defendants retaliating against plaintiff Wilfong by alleging that plaintiff had filed a fraudulent Workers’ Compensation claim when there was no basis for said allegation. 21. The actions and inactions of defendants stated hereinabove, are in violation of the West Virginia Human Rights Act, WV Code Section 5-11-1 el seq. Furthermore, defendants’ actions and/or inactions, as stated hereinabove, have caused plaintiff to suffer humiliation, embarrassment, emotional and mental distress, loss of personal dignity, annoyance and inconvenience, lost wages, and financial hardship. NEGLIGENT/INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 22. Plaintiff re-asserts paragraphs one through twenty one as if fully set forth herein, 23. The actions and inactions of defendants, as set forth hereinabove, were feckiess, willful, wanton and intentional and that the defendant desired to inflict severe movonal distress or knew that such distress was certain, or substantially certain, to result from his conduct #4. — The actions of the defendants as set forth hereinabove, were negligent, willful ‘wanton and intention and that the defendant desired to inflict severe emotional distress or en Mat Such distress was cortain, or substantially certain, to result from their conduct. #5 Defendants’ actions and inactions as set forth hereinabove, proximately