Justice4Rob Webb Civil-action

A complaint filed on May 5, 2008, instituting
civil action, against the Raleigh County
Sheriff's Department, the Raleigh County
Commission, Sheriff Danny Moore, Chief
Deputy Steve Tanner, Deputy Greg S Kade
and John E Hajash for the wrongful death
of her husband on July 4, 2006. Jurisdiction
changed to the federal court system
eighteen months later when counsel for the
widow filed an amended complaint
asserting a civil rights claim and Case #08-
C-406(B) was removed from the Raleigh
County Circuit Court docket and transferred
as Case #5:09-CV-01253 to the U.S.
District Court Docket on Nov 16, 2009.
Michael Olivio and Travis Griffith
represented the widow in this civil action
and the defendant’s counsel were Chip
Williams, Wesley V Queen, law firm of
Pullin, Fowler, Flanagan, Brown, PLLC. and
Kermit Moore.
Court documents 1-0 thru 1-12 detail the
original complaint, summons and amended
complaint.
Civil Trial
After several continued court dates, the civil
trial took place on July 11, 2011. Judge
Irene Berger presided on this district court
case that ended on July 18, 2011.
The opening defense statement included
Chip Williams holding a weapon and
claiming to the jury that it was not an issue
if Rob had a weapon aimed at the deputies
because that was already a stipulated fact
between the parties. Document #135 was
labeled Remark but was actually a hand
written letter filed July 18, 2011 that
stipulated that Rob was holding a weapon.
Justice was not served in this courtroom.

District Court Daily Trial Lo gs
July 11, 2011
July 12, 2011
July 13, 2011
July 14, 2011
July 15, 2011
July 18, 2011

Court Documents - Top 5 Views
31-1 Exhibits A-F
77-5 Transcript
75-3 Statements
135 Remark / Stipulation
64-2 Partial transcript

Other Information
Court Documents Table
PACER Receipt
The Jury
Civil Case History
Trial exhibits

The Court notes that the statements in
the deputies’ deposition indicating Mr.
Webb raised his gun to his right
shoulder were not assertions by the
deputies, but rather, in both cases,
leading questions that went undenied.
See, supra, nn. 10-11
This is located in Document #84 page 21
of the judge’s summary judgment.

Plaintiff's Question #18
Set forth fully and in detail your
recollection of the facts which led to the
fatal shooting of Robert Webb on or
about July 4, 2006. Describe all facts as
you recall then from the time you began
your shift until such time that you left
Robert Webb's residence following the
incident.

Defendant's Answer:
Objection, this interrogatory exceeds the
maximum allowable number of
interrogatories set forth in Rule 33(a) of
the West Virginia Rules of Civil
Procedure which defines that parties
involved in litigation are only allowed a
maximum number of 40 interrogatories,
including all discreet subparts.
Additionally, this Defendant believes that
this interrogatory is not being made
consistent with the principals outlined in
Rule 26(b) of the West Virginia Rules of
Civil Procedure and may be subject to
sanctions under Rule 11 of the West
Virginia Rules of Civil Procedure.

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Justice 4 Rob Webb

Civil Action