CHARLESTON -- A woman is suing two correctional officers and the West Virginia Regional Jail Authority in two separate suits after she claims she was sexually harassed, abused and assaulted while she was incarcerated at the Western Regional Jail.
Tabitha Gardner was incarcerated at Western Regional Jail when she was sexually harassed, abused and assaulted by C.O. Marcum and C.O. Morgan, according to two complaints filed April 4 in Kanawha Circuit Court.
Gardner claims the defendants had a duty to provide her with a reasonably safe confinement facility and failed to do so.
As a result of the defendants' failure, Gardner was not sufficiently protected from harm by Morgan and Marcum and was subjected to extreme cruel and unusual punishment, according to the suits.
Gardner claims the defendants knew or should have known that Marcum and Morgan failed to comply with the law and standards required of staff members in their positions.
The defendants also negligently breached their duty to properly hire, train and supervise Marcum and Morgan and negligently retained them, according to the suits.
Gardner is seeking compensatory and punitive damages. She is being represented by Kerry A. Nessel and Timothy P. Rosinsky.
The cases have been assigned to Circuit Judges Carrie Webster and Paul Zakaib Jr.
Kanawha Circuit Court case number: 12-C-589, 12-C-590
- Morrisey: States have no legal obligation to comply with halted Clean Power Plan
- Legal assistant loses 110 pounds, makes it on magazine cover
- Man blames state DOH for Mingo Co. accident
- Justices order new 'in camera' review of documents
- Morrisey to meet with state law firms
- Landowners accuse Capital Land Services, others of breach of mineral lease contracts
- Worker injured on construction project alleges Triton violated safety standards
- Bank officer accuses MetLife of refusing to honor her disability claim
- Customer blames casino for torn rotator cuff in slip-and-fall incident
- Tobacco-shops firm accused of defaulting on note