MORGANTOWN — According to the Associated Press, a West Virginia man claims in a lawsuit, that he was unlawfully arrested when he didn’t pay his water bill.
A case was filed in federal court recently against the City of Parsons and its police chief, William Rowe. The lawsuit says Kenneth C. Bott was arrested for failing to pay a past due bill of more than $500. Bott formerly owned the Parsons County Inn in Parsons.
A Tucker County warrant says Bott schemed to obtain services under false pretense. Bott denies the charge, which is still pending, and says he was too poor to pay the bill. Bott’s lawyer says the arrest was equivalent to putting Bott into debtor’s prison. It is unconstitutional to incarcerate someone for being too poor to pay debt. Bott’s lawsuit seeks compensatory and punitive damages.
Bott, 53, of 125 S. Fourth St., Clarksburg, appeared in Tucker County Magistrate Court Oct. 16 with his attorney, Brent Easton, asking Magistrate Riley Barb to dismiss his charges of fraudulent schemes.
The original criminal complaint alleges Bott obtained water from the City of Parsons for his business, the former Parsons Country Inn. It states Bott then left the city and county and did not pay his water bill in the amount of $3,039.40.
Easton asked for a dismissal of both felony and misdemeanor charges saying Bott was always current on his water bill, but quit paying them about a year and a half in because he said he had problems with mud coming out of his pipes which was attributed to the city redoing the water lines.
Easton said Bott complained to the city because he was getting bills, but had brown water coming into the rooms and into his kitchen. Easton said Bott has health issues and is unable to pay the bill.
During October’s hearing, Tucker County Prosecuting Attorney Ray LaMora III said Bott knew, going into this, that he had taken advantage of the city of Parsons without paying his bill.
Additional charges were filed against Bott in Tucker County for failure to pay hotel/motel tax second offense, a felony, in Tucker County Magistrate Court. According to that criminal complaint, Bott has not submitted the required hotel/motel tax to the Sheriff of Tucker County totaling $4,110.14.
To date, no hearing date
