CHARLESTON – A Kanawha County judge denied a motion that would have determined that the West Virginia National Guard deployment to Washington, D.C., was in violation of State Code and unconstitutional.

During a hearing Monday afternoon, Eighth Judicial Circuit Judge Richard Lindsay ruled from the bench, denying a motion for a preliminary injunction being sought by ACLU-WV, representing the West Virginia Citizens Action Group, against Gov. Patrick Morrisey and Maj. Gen. James Seward, the adjutant general of the West Virginia National Guard.

The lawsuit was originally seeking a temporary restraining order and a permanent injunction to block the recent deployment of the National Guard to Washington and a declaratory judgement that the deployment exceeds statutory and constitutional authorit

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