Kanawha County prosecutor Mark Plants is seeking the dismissal of a domestic battery charge against him.
Plants is accused of hitting one of his sons more than 10 times with a leather belt on Feb. 22.
The Charleston Gazette reports that Plants’ attorney, Jim Cagle, filed a motion Monday asking a magistrate to dismiss the misdemeanor charge.
The motion argues that Plants was acting within a constitutionally protected right to control his child. The motion says there’s no liability under West Virginia law from reasonable use of corporal punishment for disciplinary purposes.
The state Supreme Court appointed Mercer County Magistrate Mike Flanigan to hear the case after all Kanawha County judges recused themselves.
Plant’s ex-wife, Allison Plants, reported the incident.