HINTON — A former Hinton police chief has filed suit against the mayor and the City of Hinton.

Kenneth Wayne Martin is seeking compensatory damages for wrongful and unlawful termination of his position as chief and from his statutorily protected position as patrolman for the city, according to a complaint filed in Summers County Circuit Court.

Martin’s suit contends that Hinton Mayor Joseph M. Blankenship acted outside his official capacity of mayor and was motivated by a retaliatory motive and malicious purpose when he set in motion a plan to deprive Martin of his re-employment rights guaranteed under state code.

On Aug. 18, 2009, Martin responded to a deputy’s request for back-up and, while physically restraining the assailant, injured his knee, suffering a tibia plateau fracture and torn ligaments, the suit says.

Martin was placed on a temporary disability and received workers’ compensation benefits, according to the complaint.

According to state law, the suit says, it is unlawful to terminate a person from his or her position while the person is receiving or eligible to receive total temporary disability benefits.

Under state code, Martin’s suit contends, he was guaranteed re-employment rights once he recovered from injuries.

He underwent therapy by his treating orthopedic surgeon at Bransford Rehabilitation Services. After a job function evaluation was completed, he was cleared to return to work as long as he was confined to a desk, according to the complaint.

The complaint states that Hinton and Blankenship “never intended to abide by the restrictions of the orthopedic surgeon. They were seeking Martin’s reinstatement so they could immediately terminate him from his position and avoid his employment rights and re-employment rights under West Virginia State law.”

On Nov. 16, 2009, Martin returned to work and Blankenship gave him the option to resign or be fired. Martin refused to resign and was fired without cause, according to the complaint.

This action violated state code because the city failed to demonstrate just cause or to comply with procedural protections afforded under the Police Civil Service Act before taking action against Martin, according to the complaint.

Police Civil Service protection states that Martin should have been guaranteed rights to drop back to patrolman, the complaint says.

Blankenship Monday declined comment on the suit.

Martin also filed complaints against Hinton for breaching and violating a public policy of the state.

He also charges that the city, through its executive officer, sought from Martin special favors and considerations for its friends and constituents and when Martin refused, the city set in motion to deprive Martin of his lawful position and his protections as a police officer.

He charges that the city violated his job security protections afforded by the Police Civil Services Statute and Workers’ Compensation Statute.

Martin also filed a complaint against Bransford Rehabilitation Services for conspiring with the city to terminate his position.

Martin has demanded a jury trial. He is represented by attorney Will-iam Flanigan.

— E-mail: cjackson@register-herald.com