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WV Supreme Court upholds excessive force lawsuit against Mt. Olive

By LACIE PIERSON

Charleston Gazette-Mail

CHARLESTON, W.Va. — The West Virginia Supreme Court handed down a ruling Monday that will allow an excessive force lawsuit against guards at Mount Olive Correctional Complex to progress in Kanawha County.

The court upheld a ruling by Kanawha Circuit Judge Joanna Tabit, who denied a motion by the prison employees to dismiss an excessive force lawsuit last year.

With the court upholding the ruling, the case can proceed in Kanawha Circuit Court.

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