Morgan Switzer
CHARLESTON – A federal lawsuit accuses a former Kanawha County assistant prosecutor of depriving a man of his rights.
Timothy C. Dunlap II filed his complaint July 28 in federal court against Morgan M. Switzer. A former Kanawha County assistant prosecutor, Switzer also ran for county prosecutor in last year’s Republican primary.
Switzer filed a motion to dismiss August 1, saying Dunlap failed to state a claim upon which the court can grant relief. She also says federal court lacks jurisdiction and that she has immunity.
According to Dunlap’s pro se complaint, Switzer was appointed guardian ad litem in Dunlap’s custody case on August 31, 2023.
Dunlap says Switzer used her position as guardian ad litem and as a political candidate to retaliate against him for exercising his right to free speech. He also says Switzer refused to recuse herself from his case despite “a severe conflict of interest” because he already was outspoken about Switzer’s previous criminal record and political campaign before she was appointed guardian in his case. In the complaint, he notes Switzer’s arrest in 2016 in North Myrtle Beach for public disorderly conduct, resisting arrest, interference with an officer in the performance of his duty, threatening an official in performance of duty and giving false name and address.
“Beginning shortly after defendant’s appointment, she engaged in a pattern of retaliatory actions against plaintiff for exercising his right to free speech,” Dunlap’s self-filed complaint states. “These actions included, but were not limited to, falsely reporting plaintiff for election fraud to the West Virginia Secretary of State’s office and making false statements to the Dunbar Police Department, which let to plaintiff’s suspension and eventual termination from the Dunbar Police Reserve Unit.”
Dunlap also says Switzer allegedly threatened to continue filing reports against him and to interview with his relationship with his children if he didn’t stop speaking out against her politically.
In his complaint, Dunlap includes exhibits of texts and emails Switzer sent him that he says prove Switzer threatened to incarcerate him and acted outside the scope of her duty as guardian ad litem. Dunlap says Switzer claimed he “somehow … was the mastermind behind her political downfall and her criminal record being released to the public.”
He also says Switzer filed a motion requesting he be incarcerated for contempt three days after she lost the GOP primary in 2024, and he says Switzer filed false and misleading reports in family court “making him appear to be an unfit parent” and “failed to investigate allegations of wrongdoing by the children’s mother.” He also says Switzer admitted her bias in communications with him and others.
Dunlap accuses Switzer of violating his First and Fourteenth Amendment rights and of retaliation against him.
“Defendant’s actions were motivated by plaintiff’s political speech against her and were intended to chill plaintiff’s exercise of his First Amendment rights,” the complaint states. “Defendant’s actions as guardian ad litem and a political candidate for Kanawha County Prosecutor violated plaintiff’s Fourteenth Amendment right to due process by failing to conduct a fair and impartial investigation and by making biased recommendations to the court based on plaintiff’s protected speech.”
Dunlap says he has suffered damages such as emotional distress, damage to his relationship with his children, unnecessary legal fees for continued court hearings, parental fitness evaluation and attorney fees.
He seeks a declaratory judgment against Switzer, compensatory damages of $1 million, punitive damages of $500,000, attorney fees, court costs, an investigation by the Office of Disciplinary Counsel and by the Secretary of State, suspension of Switzer’s law license and other relief.
In her motion to dismiss, Switzer says Dunlap has harassed her for a year and a half.
“Plaintiff has continuously retaliated against the guardian ad litem based directly upon her involvement in the family court matter, which is clearly set forth in ‘Findings and Conclusions’ of many of (Kanawha County Family Court) Judge (Jim) Douglas’ orders,” Switzer wrote in her pro se filing. “The plaintiff is, once again, using the courts to frivolously file legal actions against the defendant guardian ad litem, presumably, to continue his pattern of retaliation and abuse. …
“The plaintiff previously filed a civil action against the defendant guardian ad litem based upon substantially similar claims, which was dismissed with prejudice by the Honorable Judge Kenneth Ballard of the Kanawha County Circuit Court. The plaintiff has filed complaints to the Office of Disciplinary Counsel based upon substantially similar claims, which have been dismissed without required response from the defendant guardian ad litem.
“The Honorable Jim Douglas of the Kanawha County Family Court has warned the plaintiff against continued retaliation against the defendant guardian ad litem and has denied the defendant guardian ad litem’s repeated requests to be released from the case, as the court refuses to allow the plaintiff to bully the defendant guardian ad litem ‘out of the case’ to serve his own interests.”
Switzer told The West Virginia Record she is proud of the work she does as a guardian ad litem. She also said such situations are rare but expected to some degree.
“Guardian ad litems are essential to our system, and I am honored to serve my community in that way,” she said. “With that said, being a guardian comes with a lot of mental and emotional stress, and we are trained and prepared to work under those conditions.
“Despite the challenges, I would encourage my fellow lawyers to explore GAL work. West Virginia children need us.”
U.S. District Court for the Southern District of West Virginia case number 2:25-cv--470
