ELKINS — A civil lawsuit against the City of Elkins, the Elkins Police Department and an EPD officer has been moved from Randolph County Circuit Court to federal court.

The lawsuit, filed May 1 by Christoper Lothes, accuses Officer Christopher Boatwright of indiscriminately firing his weapon into the residence of Lothes.

A Notice of Removal for the case was filed June 2 in U.S. District Court for the Northern District of West Virginia in Elkins. The case was transferred to federal court on June 6, according to information from the Randolph County Circuit Court.

“As grounds for said removal, defendants state that this civil action is one which may be removed to the United States District Court… in that the plaintiff’s complaint asserts a claim arising under federal law… Specifically, plaintiff claims that his ‘civil rights were violated due to the warrantless entry, search and forced detainment,'” the Notice of Removal states.

The Notice of Removal was filed by the attorneys representing the city, the EPD and Boatwright – Michelle D. Baldwin and the law firm of Dickie, McCamey & Chilcote of Wheeling.

Additionally, on June 9, a motion to dismiss the lawsuit was filed by the city, the EPD and Boatwright, asking the court to dismiss the complaint “with prejudice.”

In the lawsuit, Lothes states he was at his residence at Gateway Apartments in Elkins “on or around” Nov. 21, 2020, when Boatwright “pounded on the front door” at about 10 a.m.

Boatwright “did not announce his name, his department or his purpose of being at the residence,” the lawsuit claims, adding that Boatwright then “fired his department-issued weapon directly at the front door of the residence,” adding the bullet “penetrated the front door, living room wall, bedroom wall, the open bedroom door, and finally lodged in the drywall on the exterior wall in the bedroom.” Lothes was in bed and the bullet “passed within approximately three feet (of) his head,” the lawsuit claims.

Boatwright then allegedly kicked open the front door, “without announcing himself and without a proper warrant,” the suit states, adding that Boatwright then entered the bedroom and “used mechanical restraints to bind Mr. Lothes’ hands behind his back, ordering him to ‘remain on the floor.'”

Boatwright “then proceeded to invasively search the residence without a proper warrant or explanation,” the suit claims.

According to the lawsuit, Lothes now suffers from “extreme distress,” insomnia and lack of sleep due to night terrors, PTSD symptoms and extreme anxiety. 

Lothes is asking for a jury trial. He is seeking $100,000 in compensatory damages, and $1.25 million in punitive damages.

In the lawsuit paperwork, Lothes lists his address as being that of the Pruntytown Correctional Center, a state prison in Grafton. 

The lawsuit paperwork states Lothes is “proceeding without an attorney.”