The William Iannacone lawsuit — a federal civil rights case filed against Nicholas County Sheriff’s Deputy J.D. Ellison after a 2022 traffic stop in West Virginia — settled in August 2025 on terms that have not been made public. Before the settlement, a federal judge stripped Ellison of his qualified immunity defense and cleared the case to move toward trial.
What Happened at the Traffic Stop
On May 13, 2022, Deputy Ellison pulled Iannacone over on U.S. Route 19 near Summersville. The reason: Iannacone had flashed his headlights at oncoming traffic to warn drivers about a speed trap ahead.1Atlanta Black Star. West Virginia Deputy Handcuffs Man for Laughing During Traffic Stop
Ellison then told Iannacone that his vehicle registration card was unsigned and threatened him with arrest. Iannacone chuckled. Ellison replied, “You think it’s funny, sir?” and ordered him out of the vehicle, frisked him, and handcuffed him. Dash and body camera footage captured Ellison saying, “I’m sure I can articulate some other kind of driving charge in there for doing that too.”1Atlanta Black Star. West Virginia Deputy Handcuffs Man for Laughing During Traffic Stop
Ellison called a prosecutor from the scene to ask about arresting Iannacone. The prosecutor advised against it, both for the laughing and for the headlight flashing. Iannacone was released after several minutes in handcuffs and issued two citations: one for the unsigned registration card, and one for improperly flashing his lights.1Atlanta Black Star. West Virginia Deputy Handcuffs Man for Laughing During Traffic Stop
Both citations were ultimately resolved in Iannacone’s favor. A municipal judge dismissed the unsigned-registration charge, noting the offense was no longer enforceable. A Nicholas County magistrate initially convicted him of the “Special Restrictions on Lamps” violation, but that conviction was reversed on appeal.1Atlanta Black Star. West Virginia Deputy Handcuffs Man for Laughing During Traffic Stop
What the Lawsuit Claimed
On May 13, 2024, exactly two years after the stop, Iannacone filed a federal civil rights lawsuit in the U.S. District Court for the Southern District of West Virginia. The case, Iannacone v. Ellison et al (2:24-cv-00245), named Deputy Ellison and the Nicholas County Commission as defendants. Iannacone was represented by West Virginia civil rights attorney John H. Bryan, who runs the YouTube channel “The Civil Rights Lawyer.”2PACER Monitor. Iannacone v. Ellison et al
The complaint included at least three counts. Counts I and II were brought against Ellison and alleged First Amendment retaliation and a traffic stop conducted without probable cause. Count III targeted the Nicholas County Commission. The defendants moved to dismiss, and Ellison sought qualified immunity, the doctrine that shields government officials from civil liability unless they violated clearly established rights.
The March 2025 Ruling
On March 25, 2025, U.S. District Judge Thomas E. Johnston issued a memorandum opinion that largely sided with Iannacone. Johnston denied Ellison’s motion to dismiss and rejected qualified immunity on Counts I and II, ruling that an officer cannot claim immunity when there is evidence of retaliation for protected speech or a stop lacking probable cause. Johnston wrote that the stop had been “improperly prolonged” and that ordering Iannacone out of the vehicle was “arguably unjustified,” since nothing indicated he was dangerous.1Atlanta Black Star. West Virginia Deputy Handcuffs Man for Laughing During Traffic Stop
The court granted the Nicholas County Commission’s motion to dismiss Count III, removing the county government from the case and leaving Ellison as the sole remaining defendant.2PACER Monitor. Iannacone v. Ellison et al
Settlement in August 2025
With the claims against Ellison cleared to proceed, the parties reached a settlement. The defendants filed a notice of settlement on August 26, 2025, and Judge Johnston dismissed the case with prejudice the following day. The monetary amount and specific terms have not been made public.2PACER Monitor. Iannacone v. Ellison et al
Why Flashing Headlights Is Protected Speech
The First Amendment claim at the core of Iannacone’s suit rested on a line of court decisions treating headlight flashing to warn other drivers as protected expression. The most-cited precedent is Elli v. City of Ellisville, a 2014 case in which U.S. District Judge Henry Autrey barred the Missouri town from ticketing drivers for the practice. Autrey called it the first federal decision on the issue and noted that the act sends “a message to bring one’s driving in conformity with the law.”3NBC News. Judge Says Drivers Allowed to Flash Headlights to Warn About Cops Ahead State courts in Florida, Utah, and Tennessee have reached similar conclusions.4FindLaw. Flashing Headlights to Warn Drivers Is Free Speech