IN THE CIRCUIT COURT OF HANCOCK COUNTY, WEST VIRGINIA Jay Lawrence Smith, an individual Plaintiff, u Civil Action No Ly CGS | Honorable __sTudge Ralph A. Fletcher, in his capacity as the Hancock County Sheriff and ‘The Hancock County Sheriff's Office, a division of the Hancock County Commission; and ‘The Hancock County Commission, a body politic; and Jeff D. Davis, in his capacity as the president of ‘The Hancock County Commission Defendants COMPLAINT FOF DECLARATORY AND INJUNCTIVE RELIEF Now comes the Plaintiff, Jay Lawrence Smith, who states as follows: PARTIES 1. Jay Lawrence Smith (“Smith”) is a resident of Hurricane, Putnam County, West Virginia. 2. Smith is a free-lance legal researcher, and journalist whose principal place of business is in South Charleston, Kanawha County, West Virginia. 3. Defendant Ralph A. Fletcher (“Fletcher”) is a resident of Weirton, Hancock County, West Virginia 4, In November 2012, Fletcher was successfully elected Sheriff for Hancock County, and subsequently re-elected in November 2016.5. Defendant Hancock County Sheriff's Office (“HCSO”) is a government agency organized under the laws of the state of West Virginia. Its principal place of business is 102 N. Court St, New Cumberland, West Virginia, 26047. 6. Defendant Hancock County Commission (‘“the commission”) is the governing agency for Hancock County, a political subdivision of the state of West Virginia. Its principal place of business is 102 N. Court St., New Cumberland, West Virginia 26047. 7. Defendant Jeff D. Davis is a resident of New Cumberland, West Virginia. 8. Davis served two terms in the West Virginia House of Delegates before successfully running for county commission in 2000. He was successfully re-elected in 2006 and 2012. 9. Since Jan. 1, 2017, he has served as the commission’s president. 10. Included in the commission’s duties are providing liability coverage for all county agencies/departments including HCSO. 11. Fletcher, and the commission are co-employers of any person working for HCSO including, but not limited to, deputy sheriffs. 12. Additionally, the commission employs an administrator to manage the county's operations. The administrator reports to the commission president. 13. This Court has jurisdiction over this matter and over the parties. 14, As the conduct complained of, and as more particularly set forth herein, occurred in Hancock County, this matter is properly venued with this Court.22. In his request, Smith asked he be provided the following: I. The release of claims signed by the parties. UL. The payout made by the Department either through its general revenue fund or a third party. Ill The deductible paid to the Department's insurance carrier, and name of said carrier. IV. The legal fees, and expenses incurred by the lawyers/law firms representing the Department, and related co-defendants. 23. A copy of Smith’s January 24, 2017 FOIA request is attached as Exhibit “A.” 24. Pursuant to the state Freedom of Information Act - W. Va. Code § 29B-1-1, et. seq. - a records custodian is required to respond to a request within five business days. 25. On or about Wednesday, Jan. 25, 2017, Smith received a phone call from HSCO. ‘The person on the other end identified himself as Chief Deputy [Arthur] Watson (“Watson”). 26. In the course of the call, Watson told Smith his request was forwarded to the county administrator since HSCO was not in possession of any documents Smith requested. 27. When Smith inquired as to the identity of the county administrator, Watson replied, “Bob Vidas.” 28. On January 30, 2017, Vidas (“Vidas”) responded to Smith’s FOIA request. 29. In his letter, Vidas said, “All county employees that were involved with this action have retired and/or lost an election bid, and no files exist that include the information you requested. However, he said the county's insurance carrier - Travelers - was able to provide a loss report on the payout made to settle the suit, 30. The attached sheet showed a payout made to Penson for $1.65 million.