A West Virginia attorney is being sued for allegedly smearing dog feces on his neighbor’s door, as reported by the online legal journal West Virginia Record.
According to a report from the West Virginia Record, the plaintiff in this case is M.T.K., a 66-year-old retiree who is classified as a “vulnerable victim” under state code.
Lawyer William Marshall Swann, the defendant in the case, resides in close proximity to the plaintiff. However, prior to the incident, the two had never crossed paths.
According to the online legal journal, the situation began to escalate when Swann made a threat to smear feces on the door window if the defendant refused to open the door.
M.T.K. informed Swann about his intention to contact the police, and Swann reportedly proceeded to smear the feces on the window and door.
According to court documents, M.T.K. felt unsafe and decided to leave the kitchen. He promptly called 911 for help. Upon his return, he discovered that Swann had already left, leaving behind the bag of feces.
According to the West Virginia Record, the plaintiff had dialed 911 when Swanna, in the midst of the call, came back and proceeded to smear the feces even more on the door handle. Throughout the ordeal, Swanna was also shouting loudly at the plaintiff.
Swann faces charges of criminal trespass and criminal defilement of property, as stated in the police reports.
According to reports, the plaintiff was advised by law enforcement to obtain a personal safety order against Swann.
M.T.K. had to enlist the services of a professional biohazard cleaning company to sanitize the door, as per the records. Moreover, in order to cope with the aftermath of the incident, M.T.K. has actively sought mental health counseling.
The plaintiff’s attorney, Teresa Toriseva, chose not to provide a comment to West Virginia Record. However, W. Jesse Forbes expressed that the defendant denies the allegations made in the complaint and is eager to reveal the truth. He referred to the incident as an unfortunate situation between neighbors.
According to a report from Forbes, the plaintiff’s adult son repeatedly trespassed onto the plaintiff’s yard, resulting in the dog defecating on the property. As a result, the son’s play area was contaminated with dog feces for an extended period of several months.
M.T.K. has filed a lawsuit against Swann, alleging several claims including trespassing, assault, intentional infliction of emotional distress, and damage to real property. In addition, he asserts that he has experienced shame, embarrassment, and a loss of enjoyment in life as a result of the incident. Seeking compensatory and punitive damages, court costs, attorney fees, and other forms of relief, M.T.K. seeks to address the harm caused by Swann’s actions.
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