CHARLESTON — A man is suing several correctional officers alleging he was denied care when he was injured by metal shards on a toothbrush.
Bob Barker Inc., an officer known as Murphy, Lt. David Cavendish and Timothy Perkins were all named as defendants in the suit.
Steven M. Williams was an inmate at Mt. Olive Correctional Complex and on May 26, 2020, Murphy issued a "state issue" toothbrush to him, but while brushing, Williams noticed bristles falling out of the toothbrush and his mouth was bleeding heavily, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Williams claims he felt hard objects stuck in his gums and discovered pieces of metal mixed with blood and toothpaste.
The plaintiff pressed the emergency call button and reported the incident to Murphy, and was told medical would not be coming. Shortly thereafter, Perkins arrived and Williams requested medical attention two more times.
When Cavendish arrived, he told Williams to rinse his mouth with salt and took photographs of his gums, the metal flakes and the toothbrush, according to the suit.
Williams claims the defendants denied him medical care and violated the Eighth Amendment of the U.S. Constitution.
"Defendant Bob Barker Inc. is under contract with the DOCR and is liable for personal injury and product liability as well as violations of the Fifth, Fourteenth and Eighth Amendments, for 'negligence,' and 'reckless endangerment' due to an unsafe product," the complaint states. "Bob Barker knew or should have known was dangerous and would cause harm."
Williams is seeking compensatory and punitive damages. He is representing himself.
U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00436
