Race-Based Allegations Surge: Dalton Martin and Jordan Horn Hit McDowell County Deputies with Federal Lawsuit for Racial Profiling

Updated October 25, 2024

⚖️ Federal Lawsuit Alleges Racial Profiling by McDowell County Deputies

BLUEFIELD, W.Va. — Three residents of McDowell County have filed a federal lawsuit accusing deputies from the McDowell County Sheriff’s Office—including Dalton T. Martin and Jordan A. Horn—of racially profiling them on August 7, 2020. The case, filed August 5, 2022, in the U.S. District Court for the Southern District of West Virginia (1:22‑cv‑00327), names Martin, Horn, former Chief Deputy James “Boomer” Muncy, and the McDowell County Commission dockets.justia.com+12wvrecord.com+12thecivilrightslawyer.com+12.

👥 Plaintiffs and Allegations

• Donnie and Ventriss Hairston, ages 66 and 63, along with their landlord, Jason B. Tartt, allege that deputies unlawfully entered the Hairstons' property after responding to a complaint about marijuana plants located on nearby abandoned land law.justia.com+7wvrecord.com+7thecivilrightslawyer.com+7.

• According to bodycam footage, the deputies allegedly harassed the Hairstons on their front porch and ordered them inside. When Tartt intervened, Deputy Martin physically removed him, placed him in handcuffs, and arrested him on obstruction charges—charges later dismissed on October 28, 2020 thecivilrightslawyer.com+3wvrecord.com+3atlantablackstar.com+3.

📝 Legal Claims

The plaintiffs' amended complaint asserts the following constitutional violations under federal law:

1. False arrest and malicious prosecution (Tartt)

2. Unlawful search and seizure (Hairstons)

3. First Amendment retaliation (for videotaping)

4. Section 1985 conspiracy to deprive them of civil rights wtrf.com+11casetext.com+11casemine.com+11

5. Supervisory liability (against Muncy) and agency liability (under Monell) law.justia.com+5casetext.com+5casemine.com+5

They are seeking compensatory and punitive damages, along with attorney’s fees and court costs .

⚖️ Court Developments

• On September 21, 2023, Judge David A. Faber denied the defendants’ motion to dismiss, allowing all claims to proceed casetext.com+5law.justia.com+5docs.justia.com+5.

• On June 25, 2024, the court issued an order partially granting summary judgment:

  • Dismissed: Hairstons’ Fourth and First Amendment claims, supervisory and Monell claims dockets.justia.comlaw.justia.com+4docs.justia.com+4wvrecord.com+4.

  • Allowed to proceed: Tartt’s Fourth and First Amendment claims, plus the Section 1985 conspiracy claim casemine.com.
    Muncy and the County Commission have been dismissed, but allegations against Martin and Horn remain active thecivilrightslawyer.com+10docs.justia.com+10casetext.com+10.

🔍 Significance and Community Response

• The lawsuit highlights longstanding concerns over racial profiling in rural McDowell County, particularly against elderly Black residents dockets.justia.com+7wvrecord.com+7atlantablackstar.com+7.

• Bodycam footage and witness statements suggest excessive confrontation and detention without sufficient cause reddit.com+3wvrecord.com+3thecivilrightslawyer.com+3.

• Jason Tartt, a retired veteran, faces lingering legal and reputational effects despite the dismissal of obstruction charges .

🧭 What’s Next

The lawsuit now advances through discovery, with depositions underway. Deputies Martin and Horn remain the focus of the case. Legal observers anticipate motions for trial, or potential settlement talks.

🏛 What to Watch

• Discovery & Depositions: May uncover additional evidence of profiling or misconduct.

• Defendant Strategy: Arguments for qualified immunity and evidence of reasonable suspicion.

• Potential Settlement: Could resolve before a jury trial.

✅ Bottom Line

The litigation against Deputies Martin and Horn shines a spotlight on civil rights enforcement in rural law enforcement, particularly issues of racial profiling and authority misuse. With some claims already upheld and others dismissed, the courtroom battle now centers on the most serious allegations affecting Mr. Tartt's constitutional rights.

This article will be updated as new court filings and statements emerge.