A federal civil rights suit against Nicholas County, West Virginia sheriff’s deputy J.D. Ellison ended in a settlement in August 2025, after a federal judge denied Ellison qualified immunity and cleared the case to move toward trial. The Deputy J.D. Ellison lawsuit was filed by William Iannacone, a driver Ellison had pulled over, handcuffed, and ticketed for flashing his headlights to warn oncoming motorists of a speed trap.
What Happened at the Traffic Stop
Iannacone flashed his headlights at approaching vehicles to alert them to a nearby police speed trap. Ellison pulled him over. During the stop, the deputy threatened to arrest Iannacone over an unsigned vehicle registration card. Iannacone laughed. Ellison then removed him from the vehicle and put him in handcuffs.1Carscoops. Flashing Your Lights to Warn of Speed Traps Is Legal, Even if Police Don’t Like It
Iannacone was released with two citations: one for “improperly flashing lights” and one for the unsigned registration card. A municipal judge dismissed the registration citation. Iannacone was initially convicted on the headlight-flashing charge, but that conviction was reversed on appeal.2Atlanta Black Star. West Virginia Deputy Handcuffs Man for Laughing During Traffic Stop After Pulling Him Over for Flashing Headlights to Warn Drivers of Speed Trap
The Federal Claims Against Ellison
Iannacone sued in the U.S. District Court for the Southern District of West Virginia. The case, Iannacone v. Ellison et al., Case No. 2:24-cv-00245, named Ellison and the Nicholas County Commission as defendants.3Leagle. Iannacone v. Ellison
Ellison moved to dismiss and asserted qualified immunity. He argued that flashing headlights to warn other drivers is not protected First Amendment speech, and that he was justified in handcuffing, frisking, and detaining Iannacone after Iannacone laughed at him.1Carscoops. Flashing Your Lights to Warn of Speed Traps Is Legal, Even if Police Don’t Like It
The Qualified Immunity Ruling
On March 25, 2025, U.S. District Judge Thomas E. Johnston issued a memorandum opinion denying Ellison’s motion as to Counts I and II and denying him qualified immunity on those claims. Count III was dismissed, and the Nicholas County Commission was dropped from the case, leaving Ellison as the sole defendant heading toward trial.4PACER Monitor. Iannacone v. Ellison et al
Settlement Before Trial
Trial had been set for October 21, 2025. On August 26, 2025, the defendants filed a notice of settlement. Judge Johnston signed an order dismissing the case with prejudice the next day.4PACER Monitor. Iannacone v. Ellison et al The settlement terms were not publicly disclosed.
Why the First Amendment Argument Failed
Judge Johnston’s ruling lined up with existing federal authority on headlight flashing. In Elli v. City of Ellisville, a 2014 decision from the Eastern District of Missouri, U.S. District Judge Henry E. Autrey held that flashing headlights to warn oncoming drivers of a speed trap is protected First Amendment speech and barred the town from ticketing drivers for it.5NBC News. Judge: Drivers Allowed to Flash Headlights to Warn About Cops Ahead Elli has since been cited as persuasive authority in similar cases.6vLex. Elli v. City of Ellisville
Ellison’s Prior Record
The Iannacone case was not the first time Ellison’s conduct on a traffic stop drew judicial criticism. In a 2015 DUI arrest of Nathan Talbert in Summersville, Ellison refused Talbert’s repeated requests for a blood test, telling him blood tests were only available when controlled substances were suspected. A West Virginia court later described the refusal as based on “ignorance of the law” and an “unreasonable mistake of law.”7Courts of West Virginia. Frazier v. Talbert, Circuit Court Order
Ellison also appears in the Giglio-Brady database, a national listing of officers whose credibility has been flagged for possible impeachment disclosure. His entry is associated with a citizen report categorized under “Abuse of Authority,” “Deprivation of Rights,” and “Use of Force.”8Giglio-Brady List. J.D. Ellison There is no public information about whether Ellison has been disciplined by the Nicholas County Sheriff’s Department or whether he remains employed there.