The Sargent v. Bish lawsuit outcome was an agreed voluntary dismissal with prejudice entered on February 23, 2023, by Senior Judge David A. Faber of the U.S. District Court for the Southern District of West Virginia. All four Mercer County sheriff’s deputy defendants — Joshua Bish, Amanda Moore, Logan Addair, and Derek Calloway — were dismissed, and each side bore its own costs and attorneys’ fees.1PACER Monitor. Sargent v Bish et al
What Dismissal With Prejudice Means Here
Because the dismissal was “with prejudice,” Melvin Sargent cannot refile the same claims against these deputies. Because it was agreed and voluntary rather than decided by the court, there is no trial verdict and no judicial finding on the merits of the excessive force claims. That combination typically signals a settlement between the parties.
What the Lawsuit Alleged
Sargent filed a federal Section 1983 civil rights suit, Sargent v. Bish et al. (Case No. 1:21-cv-00615), claiming the deputies violated his Fourth Amendment rights during a November 28, 2019 domestic dispute call at his home.2Scribd. Sargent Filed Complaint The complaint alleged that after Deputy Joshua Bish disarmed him, Bish punched him in the face multiple times and stomped on his hand hard enough to fracture it. Deputy Amanda Moore was alleged to have held Sargent’s legs and not intervened. Sargent’s wife recorded the arrest on video, and that footage figured into the litigation.3The Civil Rights Lawyer. Sargent v Bish Officer Depositions Part 1
What the Public Record Does Not Show
The terms of any settlement were not made part of the public filings available in the case, and no public reporting has confirmed a dollar amount or other conditions. If you are looking for a settlement figure or an admission of liability, the record does not contain one.