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WEST VIRGINIA RECORD

Friday, May 3, 2024

Man sues WVDOCR, jail for attacks by correctional officers

State Court
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CHARLESTON — A man is suing the West Virginia Division of Corrections and Rehabilitation alleging he was injured while he was incarcerated at the jail.

Southern Regional Jail and COs Cox and Josh Doe were also named as defendants in the suit.

Jeremy Darvin Ellis was incarcerated at Southern Regional Jail on March 27, 2021, when he was subjected to abuse at the hands of the named correctional officers, according to a complaint filed in Kanawha Circuit Court.

Ellis claims since the jail's opening in 1994, there has existed a continuing practice and pattern of various forms of physical and sexual abuse of male and female inmates at the hands of correctional officers and there have been occasions where officers have used excessive force on inmates.

"Many of the alleged beatings occurred while the inmate was restrained," the complaint states.

Ellis claims he was physically assaulted and abused by the defendants and the unknown, unnamed officers failed to intervene on his behalf.

When Ellis initially arrived at the jail, he was provided a wet bed mat and he requested a dry bed mat, but the officer instead grabbed him by the throat and pushed him to the floor, according to the suit.

Ellis claims one morning when he received breakfast, he did not receive utensils and when he requested them, he was refused them. 

The plaintiff attempted to use the corner of his plate as a makeshift utensil and once Cox saw him doing this, Cox attacked him and threw him into the toilet, according to the suit.

Ellis claims he was also beaten and dragged down a hallway at one point and was attacked after he was placed in the interim room when he attempted to tell a nurse about being attacked previously.

Ellis is seeking compensatory and punitive damages. He is represented by Kyle G. Lusk, Matthew A. Bradford and Brandon L. Gray of Lusk, Bradford & Gray in Beckley.

The case is assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 22-C-923

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