Diviney Civil Case Moved to Federal Court

Defendants in the civil suit filed last month by Ryan Diviney’s father and a friend moved the case to federal court last week.

The defendants – Austin Vantrease, Jonathon May, Colin McKeefery, Brandon Groux, Tyler Husfelt and Alexander Woods – were all present when a confrontation led to the beating of Diviney and his friend, Brian McLhinney. McLhinney was badly injured; Diviney remains in a coma-like state and must be cared for by his parents.

Diviney’s father, Ken, and McLhinney jointly filed the civil suit in Monongalia Court Circuit Court in August, the jurisdiction in which the incident occurred.

Vantrease was convicted of malicious assault and is serving a two-to-ten year sentence, while May was convicted of battery and received a one-year sentence. May was released earlier this year. The other defendants in the case are accused of encouraging the assault and preventing Diviney from escaping. McKeefery is accused of instigating the confrontation, which was allegedly about the World Series.

The case requests a judgment of more than $75,000 and the defendants are all from Delaware, so the federal statute permits the change of venue.

Ken Diviney said he was not surprised by the actions.

“There is no legal advantage to doing this, so I suspect they want to get it as far away from the crime scene as possible,” he said in a statement issued to the media.

The lawsuit points to the severe injuries to the Ryan Diviney and McLhinney caused by Vantrease and May and for which they were convicted. The suit further alleges that McKeefery, Groux, Husfelt and Woods “substantially encouraged” the beating.

Video shows Diviney backpedaling from the group before disappearing from view. Witnesses said May sucker-punched Diviney, who fell to the ground and struck in head. While Diviney was reportedly unconscious, Vantrease kicked him in the head.

The case seeks an unspecified amount for medical costs, attorney and other legal fees, punitive damages and interest.