Chief Longwell Sued Over Alleged Beating
By ANNIE DIMMICKBenwood Police Chief Frank Longwell is being sued on accusations he beat and falsely arrested a member of the Benwood Volunteer Fire Department in March 2006.
In a civil case originally filed in Marshall County Circuit Court and later moved to U.S. District Court in Wheeling, the volunteer firefighter, John A. Waldrum, alleges that Longwell "unlawfully assaulted, battered, handcuffed, restrained, imprisoned and falsely charged and arrested" him after an argument between the two on March 9, 2006. Waldrum claims he was washing a fire engine when Longwell confronted him about derogatory comments Waldrum allegedly made about the chief. He says that is when a struggle began.
The city of Benwood also has been named as a defendant. Neither Longwell nor the city of Benwood faces any criminal charges in the case.
A July 29 trial date is set in U.S. District Court in Wheeling.
Waldrum, a Martins Ferry resident, also alleges Benwood officials failed to "properly train, hire, supervise and discipline" Longwell and that Longwell has "failed to provide policies, customs and procedures" for the police department.
Longwell denied the accusations when contacted and referred comment to his attorney, David Wyant of Bailey and Wyant of Wheeling.
"Obviously, we cannot disclose'' information about the case, said Wyant.
"The defendant denies all of the allegations," he added.
Waldrum filed his initial civil complaint in Marshall County Circuit Court in May 2007.
In court depositions given by both Waldrum and Longwell and obtained by The Intelligencer, both claim a struggle took place on March 9, 2006, but they give different accounts regarding what happened. While both agreed Longwell first approached Waldrum, Longwell maintains Waldrum began yelling profanities at him and continued to do so after Longwell warned him to stop. Longwell said that's when he tried to arrest Waldrum for disorderly conduct, and Waldrum allegedly tried to hit him.
However, Waldrum said he did not yell profanities and, while admitting he may have raised his voice when Longwell tried to arrest him, said Longwell struck him in the face and lower back several times.
Waldrum was charged with disorderly conduct and obstructing an officer following his arrest. He was later placed on one year of unsupervised probation; after he completed that sentence, both charges were dropped. Months later, Waldrum filed the civil suit, and it was soon moved to federal court.
Both men claim they were injured during the arrest and sought treatment. Waldrum was subject to an independent medical examination by an orthopedic doctor in Pittsburgh, at the request of the defense. In that report, the doctor concluded there was no evidence of any acute injury.
Court documents contain no information regarding Longwell's medical treatment in the matter, only stating that he sought treatment.
In his answer to Waldrum's civil complaint, Longwell denies Waldrum was attacked and falsely arrested that day but admits Waldrum was handcuffed, detained and charged for disorderly conduct and battery of an officer.
Defense attorneys also deny the allegation that Longwell was not properly trained.
According to Longwell's deposition, he graduated from the West Virginia State Police Academy in 1985.
He said he was first employed with the Benwood Police Department in July 1984, when he was elected chief of police - a position he has retained ever since. He said he has accrued more than 200 hours of in-service training, but said he did not have any experience as a police officer prior to becoming chief.
John Ferda, former director of training with the West Virginia Department of Public Safety, was deposed as an expert witness in the case. Ferda said Longwell's "interview, arrest and use of force to complete an arrest (on Waldrum) were performed correctly and well within the confines of his police training."
Additionally, the defense maintains the city of Benwood cannot be held liable in the case, as Longwell's position is an elected one. Waldrum's legal team has responded by pointing out that Longwell has never been evaluated while employed with the Benwood Police Department even though, according to the city's personnel regulations, every employee must be evaluated at least once a year.
"This is the department's first lawsuit in 25 years," Longwell said. "I think that is a good record."
The defense has maintained Waldrum has provided no evidence to support any of his claims.
Waldrum is seeking restitution in the amount of $2,930.26 to cover medical expenses as well as $1,500 to cover his attorney fees.
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acousticportal
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07-17-08 10:22 AM
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Hasn't Longwell been a bully since he was a kid?
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Islandcat
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07-16-08 1:44 PM
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It's pretty bad that it took that Mexican guy dying in the Narrows for them to finally do something about it. How many fatal accidents have there been there due to rock slides in the past 20 years?
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Islandcat
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07-16-08 1:42 PM
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Yeah, that area is a speed trap. McLaughlin got me for failure to dim my headlights at 8:30 in the morning (daylight). First ticket in my life, and I won on appeal. Everyone knows it is their major source of revenue. I, too, prefer to go down Route 7.
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Blackrock
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07-16-08 1:16 PM
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Route 2 from Wheeling to Moundsville is a continuous speed trap. Benwood Mechmechen, and Glendale. Route 7 is a pleasamt drive and you don't have to risk your life thru the Narrows. Popeye, I about split a gut laughing at your post.
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EllisWyatt
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07-16-08 10:37 AM
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Would it not be prudent to require that one elected to a position of responsibility, such as chief of police, first have some experience as a police officer? Should we elect those we pay to protect us or should we interview from a wide variety of candidates? Should a chief of police, or any police officer, be permitted to operate gambling establishments while on active service? How does Benwood, a poor town with less than 2,000 souls, end the year with a $500,000 budget surplus? What are the statistics on traffic deaths per mile on Benwood's section of Route 2 vs. the remainder of Route 2? Do these statistics justify draconian speed traps? Are the speed traps a nice revenue source? So many questions....
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wheelingisland
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07-16-08 10:14 AM
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I have been in Undos at the same time as Longwell.. He has NO table manners.. I could hear him eating across the room.. And the curse words coming out of his mouth? Terrible!! Especially because there was a table behind me with children.. Plus the police vehicle was parked in a No Parking zone while he ate... And why the heck is his picture in the paper EVERY time something is going on in Benwood? We already know what he looks like, do we really have to see him again... I say the people of Benwood should look for someone new for the position next election..
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spongebob
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07-16-08 10:14 AM
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this is my revenge on the chief for a speeding ticket on rt.2'59mph in a 55 mph zone' twenty five years ago. Must have been the chiefs first day on the job.
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GETACLUE
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07-16-08 10:05 AM
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Rumor has it that Waldrum and his lawyer turned down an offer of 1.5 MILLION to settle out of court and drop the case.
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Jota66
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07-16-08 9:27 AM
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"This is the department's first lawsuit in 25 years," Longwell said. "I think that is a good record." It would be a good record if it were true. Longwell and the City of Benwood were named defendants in a similar case filed in 1999. Perhaps he just forgot about that !!
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LK0812
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07-16-08 9:16 AM
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I believe what the reporter is describing is what's called a "pre-trial diversion". Which is where the charges are basically continued for a period of time and if the person stays out of trouble, the charges are dismissed. There's no admission or finding of guilt and no formal probation. The prosecutor's office would have to be notified or find out somehow that the person had got into trouble again and ask to have the pre-trial diversion set aside and case re-docketed for prosecution. It sounds like Mr. Waldrum completed his diversion period with no further trouble.
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Jota66
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07-16-08 9:10 AM
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Waldrum was NOT placed on "probation" and the charges were dismissed with prejudice. It is amazing to me that people like Mountaineer4live assume that Waldrum is guilty without knowing ANYTHING about the matter. On top of that he or she has the nerve to call Mr. Waldrum "ignorant." If that's not hypocritical I don't know what is.
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CoachC
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07-16-08 9:10 AM
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White trash.
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LK0812
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07-16-08 9:10 AM
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Oops, I missed "inproper" and "intresting." LOL
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LK0812
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07-16-08 9:06 AM
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"This ought to be intresting to see if it too will swept under the rug. Of course this is comming from a Police Chief whom in the past has had incorrect spelling on a compaign billboard for ALL to see." - ProudAmerican LOL, there are two (2) words spelled wrong in your own sentence. "comming" and "compaign". I wouldn't thrown stones up there in that glass and ivory tower.
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E2Driver
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07-16-08 8:28 AM
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"Waldrum was charged with disorderly conduct and obstructing an officer following his arrest. He was later placed on one year of unsupervised probation; after he completed that sentence, both charges were dropped." Charges dropped means NOT guilty. I do not believe that Waldrum drinks. Know the person before you make those assumptions.
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Wondering
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07-16-08 7:35 AM
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If Waldrum was placed on probation, he must have been guilty. Was he drunk at the time of this incident and now wants to cash in for something that resulted from his criminal behavior?
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Stinger2007
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07-16-08 2:01 AM
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If anyone should sue Longwell it's his pour horse. That's animal cruelty.
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popeye
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07-15-08 7:39 PM
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I believe the headline meant to read as follows: Chief Longwell Sued Over Alleged Eating
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Mountaineer4life
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07-15-08 7:33 PM
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Wow I can see the new trend here in the valley. Now that we sued all the doctors and ran them out of town lets start suing the police. What a shame. These men put their lives on the line everyday to protect us and what do they get in return? Comments from ignorant people!
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E2Driver
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07-15-08 7:12 PM
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yes
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wvncc05
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07-15-08 7:04 PM
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First of all to ProudAmerican: did you see how you spelled "coming" and you talk about someone else misspelling. Seems longwell has been chief since his high school days. Does anyone know if this is "Razz"? from wheeling?
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Mom2Four
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07-15-08 6:46 PM
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His wife just opened up that gambling joint under the guise of a "hot dog shop".
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ProudAmerican
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07-15-08 4:21 PM
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This isn't the first time I have heard of inproper conduct comming from the Benwood police Dept. This ought to be intresting to see if it too will swept under the rug. Of course this is comming from a Police Chief whom in the past has had incorrect spelling on a compaign billboard for ALL to see. I think I will be going to Wheeling via Ohio Rt 7 from now on!
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