A federal court recently issued a default judgment against the city of Dunbar and two Dunbar Police officers.Photo byGMSV

DUNBAR, W.Va. -- Dunbar Mayor Scott Elliott said city officials "did nothing wrong" before the municipality and its local police department received a recent default judgment.

"The insurance company dropped the ball," Elliott told council members on Monday, saying it was the prior insurance vendor who caused the judgment to be levied on the municipality and two city police officers.

The default stems from a 2022 incident in which a Dunbar police officer allegedly used excessive force on an individual, causing multiple rib fractures. It is one of several excessive force allegations faced by Dunbar Police in recent years.

On Monday, Elliott told council members that the default was a result of a mistake made by the city's former insurance vendor. The mayor's comments, which came at the end of the July 1 regularly scheduled council meeting, come one week after a federal court found the city in default after failing to answer the original excessive force lawsuit.

"The city of Dunbar got served a default judgment on a lawsuit that was filed on [primary] election night," Elliott said. "Election night was on [May] 14th. On [May] 15th, I sent that information [about the pending lawsuit] to our current insurance carrier who then turned around and sent it back to me."

Elliott said the current insurance vendor informed him that the matter was the responsibility of the city's previous insurance provider. So, Elliott said, he sent the information to the previous insurer, who "acknowledged they received it."

"That was the last conversation we had on [May] 22nd," Elliott told council members. "It was never looked at again until I got served that default judgment on Monday [June 24]."

Elliott said the city should not be blamed for the default.

"The city has done what they were supposed to do," the mayor said. "The insurance company dropped the ball."

Elliott told council members that corrective measures are being taken to address the default and that the matter "is in the hands of where it needs to be."

"I spoke to the attorney for Steptoe and Johnson [law firm] who's going to represent the city on this case, and he felt positive everything will be OK," Elliott said Monday.

Attorneys are in the process of disputing the city's role in the judgment. But until the matter is resolved, Elliott acknowledges, "the paperwork stands."

"But they are in the process of getting that [response] filed," the mayor said.

Other business

Also on Monday, council members approved the payment of $2,395 to Bridgeport Equipment for the rental of a skid steer milling machine. The rental will be needed for approximately three weeks, according to officials. The panel also approved the payment of invoices totaling $23,580.12.

Council representatives also discussed a heat pump for the city's senior center. Local HVAC and plumbing company E.J. Thompson & Son quoted $10,500 to replace the heat pump or $5,900 to repair the item. The finance committee suggested a replacement, but that requires additional bids. The panel chose to table the item until more bids could be sought.

Finally, Dunbar city department heads provided updates to council members.

Dunbar Fire Chief Jason Burger spoke about an upcoming training session at West Virginia State University. The event, which takes place from July 30 through Aug. 1, will bring more than 20 instructors from all over the United States to the area.

"It's going to be a pretty big deal," Burger said.

The fire chief said organizers are still looking for actors to role-play various emergency scenarios.

"If anyone wants to volunteer to be a role player for some of these scenarios, get with me and I'll put you in contact with the guy who's running it," Burger said.

The next Dunbar City Council meeting is scheduled for Monday, July 15 at 7 p.m.