The Charleston Police Department has been dropped as a defendant in a lawsuit claiming two undercover officers used excessive force against a teen and his toddler cousin after they mistook the teen for a suspect in a crime.
Two unnamed police officers and the City of Charleston will remain as defendants in the case, Kanawha County Circuit Judge Jennifer Bailey ruled Wednesday.
Bailey upheld claims against the two officers, which included battery, negligence and violations of the constitutional rights of 15-year-old X'Zane Watts and his 2-year-old cousin, Fenix Watts.
Bailey upheld the negligence claim against the city, and the other claims against the city were dismissed.
The officers are listed as "John Does" in the lawsuit. Bailey ruled Attorney Michael Cary, representing the plaintiffs, had 30 days to identify the officers and amend the complaint in the suit, saying she would address any issues with discovery of information if they arise.
Mediation in the case tentatively was scheduled for November, with attorneys agreeing to meet for a scheduling conference next week.
Charleston Police Chief Steve Cooper was present at Wednesday's hearing along with City of Charleston Attorney Paul Ellis. Attorney Michael Mullins is representing the defendants in the case.
Charissa Watts, X'Zane Watts' mother and Fenix Watts' aunt, filed the lawsuit, and she also was present at Wednesday's hearing.
In the suit, Charissa Watts said X'Zane and Fenix were standing in an alley off of Main Street in Charleston on Feb. 3, with a Power Wheels vehicle and X'Zane Watts' German Shepherd on a leash.
Two undercover officers, who were in an unmarked car, saw the boys, backed up the vehicle, and exited the vehicle with their guns pointed at the boys, Watts said in the suit.
The officers were wearing gray jackets, and they immediately began shouting profanities at the boys, according to the suit.
X'Zane Watts picked up his cousin and ran, leaving behind the dog and toy and ran home, with the officers giving chase. The officers eventually tripped X'Zane Watts and he dropped his cousin, but he managed to get inside of his home, according to the suit.
The officers followed Watts into the home, held a gun to his head and struck him in the head with the gun, an incident witnessed by Charissa Watts, according to the suit.
Soon after the officers determined they had mistakenly identified X'Zane Watts as the suspect in a crime after they learned the correct suspect had been apprehended.
The Watts' are seeking monetary compensation for injuries, mental pain and suffering, medical bills, lost wages and humiliation.
They are also seeking a court order to require the officers to be disciplined and undergo additional training about the use of force. They also want the city to develop policies to prevent excessive and wrongful force.
Reach Lacie Pierson at lacie.pierson@wvgazettemail.com, 304-348-1723 or follow @laciepierson on Twitter.