The Times West Virginian

Local News

August 24, 2012

Fairmont officials deny racial profiling

Ask federal judge to dismiss lawsuit filed by FSU student

FAIRMONT — The civil lawsuit filed by a Fairmont State student against the City of Fairmont and the Marion County Sheriff’s Department is now headed to federal court.

City officials say the allegations that law enforcement officers engaged in racial profiling and harassment are untrue, and have asked a federal judge to dismiss the lawsuit. The case was filed Aug. 21 at the U.S. District Court, Northern District of West Virginia, and is on the docket assigned to District Judge Irene M. Keeley, U.S. District Court in Clarksburg.

On July 24, the ACLU of West Virginia filed suit in Marion County Circuit Court on behalf of Justin Byrd, claiming he was harassed and wrongly interrogated by local law-enforcement officers following a fender-bender accident in March 2011.

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