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Former Justice David Files Civil Rights Claim over Impeachment
"... the House was not interested in investigating whether the facts warranted impeachment. Instead, it used these charges as a pretext to remove all four Justices on West Virginia’s highest Court so that the Governor could replace the popularly elected Justices with Republican men and create a “conservative court” for years to come... The Defendants must be enjoined from taking further action that degrades Justice Davis’s rights under the Constitutions of both the state of West Virginia and the United States."
*A copy of the 40 page complaint may be downloaded as a PDF below.*
Essentially, David alleges that the governor and legislature have utilized alleged overspending as impeachable offenses, the House failed to make findings of fact, and the process itself has violated due process, prevails upon gender bias, implicates the First Amendment, equal process, and attempts to over ride the elected will of the voters.
- Davis v. Justice and WV Legislature (257.32 KB)