A tale of police brutality and a month-long stay in a mental hospital began with a public intoxication charge, according to a lawsuit filed against 39 defendants Dec. 24 in Kanawha County Circuit Court.

The case, Flanary v. Pocahontas County et al., like many police or government liability cases, will be hard to prove, according to John Bryan, the Monroe County attorney who filed the suit.

Bryan said on his blog: "The area of law is extremely complex and tricky, and there's not a whole lot out there to review prior to filing your own case."

The alleged incidents occurred in Pocahontas County and many of the involved parties live there as well. But Bryan said he opted against filing the suit there. Instead, the suit was filed in Kanawha County.

"I think there's a benefit to getting the whole mess out of Pocahontas County," he said.

According to Bryan, the lawsuit stems from an incident at Snowshoe Mountain and a tense custody dispute.

Plaintiff Brent Carter Flanary alleged in the lawsuit that his now ex-wife wanted full custody of their two young children, and told police he was mentally ill and suicidal. In the ensuing debacle, Flanary, a pharmaceutical representative, was arrested three times, thrown out of his Snowshoe Mountain townhouse and spent months in jail and a mental hospital

As that scenario unfolded, Bryan said, Flanary was forced off the mountain by local and state police officers. Flanary's lawsuit alleges that happened because he got on the wrong side of Snowshoe management, namely President and Chief Operating Officer William Rock. He said officers were in communication with Flanary's ex-wife, who passed along allegations about his sanity and safety to Snowshoe officials.

The lawsuit alleges Flanary was arrested on public intoxication charges without evidence and then thrown in the Tygart Regional Jail. It alleges he was later sent to William R. Sharpe Jr. Hospital, a mental hospital in Lewis County, for a month-long stay, Bryan said.

Donna Dean, who described herself as a crisis worker for Seneca Health Services, filled out the application to admit Flanary to the mental hospital, Bryan said, crossing out administrator and writing in crisis worker over it. Because the jail administrator did not fill out and sign the form, Bryan alleged in Flanary's lawsuit that was a violation of the law.

Dean is one of the defendants listed in the lawsuit.

The lawsuit said Flanary lost the right to make outside phone calls while hospitalized. According to court documents, Flanary eventually was released from the hospital after being brought before the mental hygiene commissioner. He then was appointed an attorney.

Joe Thornton, deputy cabinet secretary of the state Department of Military Affairs and Public Safety, said Jan. 6 he hadn't had a chance to review the lawsuit.

In short, he said, a mental hygiene commissioner initially should review an application filed to involuntarily commit someone to a mental hospital. At that point, the commissioner would determine whether to accept or deny the request for entrance.

Bryan said his client did not receive that type of treatment upon his transfer to the mental hospital. Instead, he spent a month in the hospital against his will.

"It went on for a while; that's why there's so many named defendants," Bryan said.

Upon his release, Flanary had to go back to jail and immediately posted bail. As soon as he was released, court documents said, Snowshoe had him rearrested due to a perceived threat to Rock. Flanary's lawsuit said the resort then barred him from all Snowshoe properties, including his own townhouse.

Court records said Snowshoe officials eventually had him arrested a third time, alleging a harassing phone call between Flanary and a Snowshoe employee that was immediately acted upon by authorities.

Bryan said Snowshoe records all of its phone calls, but has no record of the alleged call. The lawsuit alleges it is bogus.

When police arrived on this arrest warrant, Bryan said, Flanary was scared of deputies and refused to leave his home, calling 911 and then, at their suggestion, the FBI. Receiving little help there, Bryan said, Flanary decided to videotape what happened outside the window as police with gas masks, a K-9 unit and teargas unlocked one door and then busted in another.

Flanary was gassed, Tasered and attacked by a police dog, Bryan said. Flanary videotaped the episode but, Bryan said, part of that videotape eventually was erased. Flanary then spent several more weeks in jail, documents said. None of the information was included in any official report, Bryan said, or in any conversations with 911.

"The only reason it was happening was because Snowshoe made it happen," he said.

After his last trip to jail, Flanary moved to North Carolina.

Bryan said the situation wrecked Flanary's life; he is basically unemployable and hasn't seen his two children. He said he has had great difficulties in attempting to obtain the videotape from Flanary's arrest and another one that is alleged to exist.

Pocahontas County Commission member Martin V. Saffer said he had no comment on the pending lawsuit. Several other defendants were unavailable upon attempts to contact them.