HUNTINGTON – A nail technician has sued Cabell County officials after she was shot with a TASER by a sheriff’s deputy in her salon.
Tuyet N. Van filed her federal lawsuit March 24 against Deputy Destiny Nicole Ferguson, the Cabell County Sheriff’s Office, former Sheriff Chuck Zerkle, current Sheriff Doug Adams, the Cabell County Commission and 10 unnamed Cabell sheriff’s department defendants.The incident occurred April 5, 2024. Van struck her head on a nail salon chair, was knocked unconscious, required five staples in her head and was left with a traumatic brain injury.
Haslam | Courtesy photo
According to the complaint, Ferguson did not offer immediate aid to Van, but began to place her in handcuffs while saying, “You need to hand me your hands or I’m gonna have to shock you again.”
Much of the interaction between Ferguson and Van was captured on a bystander’s cellular telephone video camera.
“We understand there were other people present that day who were customers of the business,” attorney Tyler Haslam told The West Virginia Record. “We’d like to talk to them about it. If they could reach out to us, we’d greatly appreciate it.”
According to the complaint, Ferguson went to the nail salon because of a civil contract dispute between Van and a local automotive business. While Van was working with a customer, Ferguson told her she was “either going to come now (to the automotive business) or you’re gonna go to jail.”
Ferguson then forcefully grabbed Van by the arm, according to the complaint, while Van stood up with her cell phone to try to place a call for assistance. English is not Van’s native language.
As Van walked toward the back of the salon, Ferguson followed her and against grabbed Van forcefully by the arm and said, “Now you’re obstructing, so I’ll get you for obstructing, too,” according to the complaint.
Ferguson then led Van to the front of the shop and, as Van tried to explain her side of the story, Ferguson said, “You’re obstructing everything I’m saying.”
Van had called 911 and, as she had the phone on speaker, Cabell County 911 came on the line. Ferguson then pulled her TASER from the holster, according to the complaint.
“Do you understand why I’m here?” Ferguson said to Van. “I’m trying to help you all out so she does not go to jail. He said he didn’t want to press charges if she goes over there and pays her bill. … This is a criminal matter. What you all have going on between them, is between insurance, and is a civil matter.”
Ferguson then approached Van and grabbed her handcuffed wrist again and pulled out her TASER again. She then placed it on Van’s back and activated it, according to the complaint.
“You better give me that hand,” Ferguson said, according to the complaint. “Give me the hand. Give me the hand.”
Van responded, “Okay, please” before the sound of a loud bang and the TASER being activated a second time, a muffled scream and another loud noise when Van hit the floor.
Ferguson then aggressively told Van to turn over, according to the complaint.
Van regained consciousness and was “clearly disoriented,” according to the complaint.
A bystander yells, “You shot her!” Ferguson responds, “She’s obstructing.”
Ferguson then said she would shock Van again if she didn’t let her handcuff her.
One of the customers wearing scrubs who appeared to be a medical professional tried to help Van, who had blood running down her neck and said, “I’m going to die.”
“Ferguson attempted to justify her wrongful conduct after the fact by criminally charging Ms. Van,” the complaint states. “The criminal complaints filed by Ferguson are inaccurate and contain several falsities.”
Those criminal charges against Van were dismissed April 30, 2024.
Van says she has suffered physical pain and suffering, mental pain and suffering, injuries from Ferguson’s conduct, indignity, embarrassment, humiliation, annoyance, inconvenience and degradation as well as having her federally protected rights violated.
She accuses Ferguson of three counts of using excessive force, unlawful search and seizure, malicious prosecution, battery, assault and negligence. She accuses the Cabell County defendants of Monell liability for failure to hire, train, and supervise and for customs, policies and practices causing violations of the Fourteenth Amendment as well as negligent training and supervision. She accuses all of the defendants of intentional and/or negligent infliction of emotional distress.
Van seeks compensatory damages, punitive damages, court costs, attorney fees, pre- and post-judgment interests and other relief.
She is being represented by Haslam of Haslam Law Firm in Huntington and by Kerry A. Nessel of The Nessel Law Firm in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:25-cv-00187
