This case was last updated from U.S. District Courts on 07/21/2022 at 08:15:17 (UTC).

Gold v. Joyce et al

Case Summary

On March 05, 2021, Ari Gold (“Plaintiff”), represented by Anne Labes and James M. Leach of Jim Leach, filed a civil rights lawsuit against Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews, Shane Semones, John Doe No. 1, John Doe No. 2, John Doe No. 3, and City of Parkersburg (collectively, “Defendants”), represented by Allison M. Subacz and Cy A. Hill, Jr. of Cipriani & Werner, seeking injunctive relief with damages for the alleged unreasonable search of plaintiff’s property without consent and prior warning. This case was filed in the U.S. District Court for the Southern District of West Virginia with Judge Thomas E. Johnston presiding. 

In the complaint, the plaintiff claimed, “On February 26, 2021, Defendants McClung, Goff, Matthews, and Semones, under color of law, searched the Plaintiff’s private property and the building situated at 814-816 Market Street without warning, without Plaintiff’s consent, and against Plaintiff’s will.” 

The plaintiff further stated that she “repeatedly asked Defendants if they had an administrative warrant or a search warrant. Defendants stated they did not have a warrant, and never produced any warrant.” 

The plaintiff alleged that despite her “lack of consent and the lack of any warrant, Defendant Semones led Defendants McClung, Goff, and Matthews up the fire escape to the rear of the building, pushed open the door, went inside, and conducted a search.”

The plaintiff then alleged, “Defendants McClung, Goff, and Matthews conducted the search to enforce regulatory statutes, and Defendant Semones presumably searched the premises to gather evidence for criminal prosecution, as he was a uniformed police officer.” 

The plaintiff further claimed that “Defendants had ample opportunity, as well as the logistical means, to attempt to secure an administrative warrant and/or a search warrant for the premises. They made no attempt at securing such a warrant.” 

Additionally, the plaintiff alleged, “There were no exigent circumstances present to justify the warrantless entry, and Defendants made no claim of exigent circumstances.”

The plaintiff alleged, “Defendants, including defendant police officers, did not allow the three independent contractors on the premises to leave, and asked them questions designed to elicit incriminating information against Plaintiff and against themselves without informing them of their legal rights.”

The plaintiff also alleged, “Defendant Goff made false statements concerning Plaintiff to other Defendants, including Defendant police officers, in order to obtain police presence at the premises,” and that “Defendants were aware that Plaintiff was not at the premises and hours away before they conducted the search.”

The plaintiff listed four claims for relief, including allegations of unreasonable search & seizure in violation of the Fourth Amendment under 42 U.S.C. § 1983, bystander liability, supervisory liability under 42 U.S.C. § 1983, and state law negligence claim.

In the prayer for relief, the plaintiff requested a judgment seeking injunctive relief, damages, including punitive damages, and reasonable attorneys’ fees and costs.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00150

  • Filing Date:

    03/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Thomas E. Johnston

 

Party Details

Plaintiff

Ari Gold

Defendants

John Doe No. 3

Thomas Joyce

City of Parkersburg

Jason Matthews

Richard Goff

John Doe No. 1

Bobby McClung

Shane Semones

John Doe No. 2

Not Classified By Court

Charlie Piccirillo

Attorney/Law Firm Details

Plaintiff Attorneys

Anne Labes

1160 Bethel Road

Marietta, OH 45750

James Morgan Leach

Attorney at JIM LEACH

34 Bickel Mansion Drive

Parkersburg, WV 26101

Defendant Attorneys

Allison M. Subacz

Attorney at CIPRIANI & WERNER

Suite 110, 400 Tracy Way

Charleston, WV 25311

Cy A. Hill, Jr.

Attorney at CIPRIANI & WERNER

Suite 900, 500 Lee Street East

Charleston, WV 25301

 

Court Documents

#61

DOCUMENT UNAVAILABLE

#59

DOCUMENT UNAVAILABLE

#58

(#58) VERDICT FORM. (lca)

#44

(#57) ORDER granting in part and denying in part Defendants' #24 MOTION in Limine to Exclude Certain Testimony of Wayne White and denying as moot Defendants' identical #21 MOTION in Limine; denying as moot Defendants' #38 AMENDED MOTION for Jury Questionnaires and Jury Panel List; overruling in part, sustaining in part, and otherwise denying as moot Defendants' #44 Objections to Plaintiff's Exhibits 2, 3, 7, and 8 for Jury Trial. Signed by Judge Thomas E. Johnston on 7/13/2022. (cc: counsel of record and any unrepresented party) (arb)

#38

(#57) ORDER granting in part and denying in part Defendants' #24 MOTION in Limine to Exclude Certain Testimony of Wayne White and denying as moot Defendants' identical #21 MOTION in Limine; denying as moot Defendants' #38 AMENDED MOTION for Jury Questionnaires and Jury Panel List; overruling in part, sustaining in part, and otherwise denying as moot Defendants' #44 Objections to Plaintiff's Exhibits 2, 3, 7, and 8 for Jury Trial. Signed by Judge Thomas E. Johnston on 7/13/2022. (cc: counsel of record and any unrepresented party) (arb)

#21

(#57) ORDER granting in part and denying in part Defendants' #24 MOTION in Limine to Exclude Certain Testimony of Wayne White and denying as moot Defendants' identical #21 MOTION in Limine; denying as moot Defendants' #38 AMENDED MOTION for Jury Questionnaires and Jury Panel List; overruling in part, sustaining in part, and otherwise denying as moot Defendants' #44 Objections to Plaintiff's Exhibits 2, 3, 7, and 8 for Jury Trial. Signed by Judge Thomas E. Johnston on 7/13/2022. (cc: counsel of record and any unrepresented party) (arb)

2 #5

Summons as to Shane Semones

2 #4

Summons as to Jason Matthews

2 #3

Summons as to Richard Goff

2 #2

Summons as to Bobby McClung

2 #1

Summons as to Thomas Joyce

#2

1 #2

Civil Cover Sheet

1 #1

Proposed Summons

#1

52 More Documents Available
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Docket Entries

  • 07/18/2022
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  • Docket(#62) MOTION by Ari Gold for Reasonable Attorneys' Fees and Costs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Labes, Anne)

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  • 07/13/2022
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  • Docket(#61) PANEL SELECTION REPORT (ts) (Entered: 07/15/2022)

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  • 07/13/2022
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  • Docket(#60) EXHIBIT AND WITNESS LIST FROM JURY TRIAL held 7/11/2022 - 7/12/2022. (Attachments: #1 Exhibit P-1, #2 Exhibit P-1-2, #3 Exhibit P-5-1, #4 Exhibit P-5-2, #5 Exhibit P-5-3, #6 Exhibit P-6-1, #7 Exhibit P-6-2, #8 Exhibit P-6-3, #9 Exhibit P-9) (lca)

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  • 07/13/2022
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  • Docket(#59) VERDICT FORM - UNREDACTED for Courts Users Only. (lca)

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  • 07/13/2022
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  • Docket(#58) VERDICT FORM. (lca)

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  • 07/13/2022
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  • Docket(#57) ORDER granting in part and denying in part Defendants' #24 MOTION in Limine to Exclude Certain Testimony of Wayne White and denying as moot Defendants' identical #21 MOTION in Limine; denying as moot Defendants' #38 AMENDED MOTION for Jury Questionnaires and Jury Panel List; overruling in part, sustaining in part, and otherwise denying as moot Defendants' #44 Objections to Plaintiff's Exhibits 2, 3, 7, and 8 for Jury Trial. Signed by Judge Thomas E. Johnston on 7/13/2022. (cc: counsel of record and any unrepresented party) (arb)

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  • 07/13/2022
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  • Docket(#56) JUROR SEATING CHART. (lca)

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  • 07/13/2022
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  • Docket(#55) FINAL JURY INSTRUCTIONS. (lca)

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  • 07/13/2022
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  • Docket(#54) JUDGMENT ORDER directing that judgment is entered in favor of Plaintiff Ari Gold and against Defendants Thomas Joyce, Shane Semones, Richard Goff, Bobby McClung, and Jason Matthews in accordance with the verdict form. Signed by Judge Thomas E. Johnston on 7/13/2022. (cc: counsel of record; any unrepresented party) (ts)

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  • 07/12/2022
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  • Docket(#53) JURY TRIAL - COMPLETED (LAST DAY) held by Judge Thomas E. Johnston on 7/12/2022; Court Reporter: Ayme Cochran. (slw) (Entered: 07/13/2022)

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44 More Docket Entries
  • 06/08/2021
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  • Docket(#9) ORDER AND NOTICE: Motions under FR Civ P 12(b) - 6/28/2021. Last day for Rule 26(f) meeting - 7/12/2021. Last day to file Report of Parties' Planning Meeting - 7/19/2021. Telephonic Scheduling Conference at 3:00 p.m., on 7/23/2021, before the undersigned, unless canceled. Entry of Scheduling Order - 7/28/2021. Last day to serve FR Civ P 26(a)(1) disclosures - 8/6/2021. Signed by Judge Thomas E. Johnston on 6/8/2021. (cc: counsel of record; any unrepresented party) (lca)

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  • 04/21/2021
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  • Docket(#8) REPLY by City of Parkersburg to #7 Response In Opposition. (Subacz, Allison)

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  • 04/14/2021
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  • Docket(#7) RESPONSE by Ari Gold in opposition to #5 MOTION by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones to Dismiss With Prejudice #1 Complaint (Labes, Anne) (Modified on 4/15/2021 to remove link to #6 memorandum in support) (ts).

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  • 03/31/2021
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  • Docket(#6) MEMORANDUM OF LAW by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones in support of #5 MOTION by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones to Dismiss With Prejudice #1 Complaint. (Attachment: #1 Exhibit 1)(Hill, Cy) (Modified on 3/31/2021 to add party filers) (ts).

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  • 03/31/2021
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  • Docket(#5) MOTION by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones to Dismiss With Prejudice #1 Complaint. (Hill, Cy) (Modified on 3/31/2021 to add link to #1 complaint and to add party filers) (ts).

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  • 03/17/2021
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  • Docket(#4) SUMMONS RETURNED EXECUTED by Personal Service of #1 Complaint for City of Parkersburg, Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones. City of Parkersburg served on 3/10/2021, answer due 3/31/2021; Richard Goff served on 3/10/2021, answer due 3/31/2021; Thomas Joyce served on 3/10/2021, answer due 3/31/2021; Jason Matthews served on 3/10/2021, answer due 3/31/2021; Bobby McClung served on 3/15/2021, answer due 4/5/2021; Shane Semones served on 3/11/2021, answer due 4/1/2021. (Labes, Anne) (Modified on 3/18/2021 to add link to #1 complaint) (ts).

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  • 03/08/2021
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  • Docket(#3) STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

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  • 03/05/2021
  • DocketCASE assigned to Chief Judge Thomas E. Johnston. (klc) (Entered: 03/08/2021)

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  • 03/05/2021
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  • Docket(#2) ELECTRONIC SUMMONS ISSUED as to City of Parkersburg, Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews and Shane Semones, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons as to Thomas Joyce, #2 Summons as to Bobby McClung, #3 Summons as to Richard Goff, #4 Summons as to Jason Matthews, #5 Summons as to Shane Semones) (mms)

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  • 03/05/2021
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  • Docket(#1) COMPLAINT SEEKING DAMAGES AND INJUNCTIVE RELIEF. Filing Fee $402.00. Receipt # AWVSDC-7896720. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (mms) (Modified on 3/8/2021 to replace main image) (ts).

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