CHARLESTON – The first four lawsuits against the West Virginia State Police regarding allegations of a hidden camera in the women’s locker room of the academy have been filed.
Two complaints were filed March 27 and two others March 28 in Kanawha Circuit Court against the WVSP and Col. J.C. Chambers, who is the new superintendent. Unnamed John Doe(s) also are named as defendants in the complaints. Two of complaints were filed by attorneys Troy Giatras and Matthew Stonestreet of The Giatras Law Firm in Charleston, and the other two were filed by Ronald N. Walters Jr. of Walters Law Office in Charleston.
In each of the four complaints, the female plaintiffs are identified only by their initials to protect their privacy.
Giatras
As reported last week by The West Virginia Record, three other woman who regularly used the locker room also have filed a notice of intent to sue over the allegations.
According to the filed complaints, each of the plaintiffs attended the WVSP training academy in Institute. Any police officer in the state – even if he or she isn’t a State Trooper – is required to train at the facility.
The women say they were secretly and intentionally recorded by a hidden camera.
Gov. Jim Justice has said the video recordings in the women’s locker room were made in 2015 by a now-deceased Trooper and the 2020 destruction of a hard drive that included some of those recordings by three other State Troopers. He said the troopers discovered the thumb drive containing the video and that one of them “jerked the thumb drive out, threw it on the floor and started stomping on it.”
Former WVSP Superintendent Jan Cahill also confirmed “the drive with the footage was discovered and ordered destroyed with no investigation.” He also said he was “troubled it was destroyed.”
“Defendants John Doe intentionally and surreptitiously recorded nude and/or partially nude females in the women’s locker room and/or bathroom facility at the WVSP training academy,” the complaints state. “The clear intent of the secret video recording scheme was to record women in compromising situations and to exploit, discriminate and invade the privacy of (plaintiffs) and other females.”
The complaint says the name of at least one John Doe responsible for the cameras will be revealed through discovery. It says the actions of the defendants breached their duties and maintained the facility with deliberate indifference and disregard for the women’s welfare.
“Rather than inform women of the scheme to secretly spy and video record them, defendants Colonel J.C. Chambers and the WVSP attempted to conceal the scheme,” the complaint states. “Defendants owed a duty to preserve evidence of the illegal spying scheme taking place …
“Defendants intentionally destroyed evidence of their wrongdoing and failed to preserve evidence … that confirmed the illegal scheme that discriminated against females and invaded the privacy of (plaintiffs).”
The complaints accuse the defendants of spoliation of evidence, invasion of privacy, breach of confidentiality, violations of the West Virginia Human Rights Act based on gender, violations of the state Constitution for deprivation of rights, privileges and immunities, negligent supervision, intentional and negligent infliction of emotional distress, violations of the West Virginia Wiretapping and Electronic Surveillance Act and negligence.
The women say they have suffered anxiety, humiliation, annoyance, inconvenience, invasion of privacy, emotional distress, pain, suffering, mental anguish, loss of ability to enjoy life and other damages.
They seek compensatory damages, punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
Last week, two retired uniformed employees and one civilian sent a letter Chambers and Attorney General Patrick Morrisey alerting them to forthcoming legal action. The letter was sent through attorney Teresa Toriseva of Toriseva Law in Wheeling. She said the women’s identities aren’t yet being revealed to prevent further harm.
“Our clients regularly used the female locker room at the West Virginia State Police Academy during their career and after their retirement as West Virginia State Police employees,” the letter states. “The civilian female, as a dependent of a uniformed state police officer, also utilized these private areas of the academy facilities.
“According to the now publicized anonymous letter sent to Governor (Jim) Justice, the office of the Attorney General, and numerous other state lawmakers on or about February 16, 2023, a hidden camera was placed and operated inside the female locker room at the State Police Academy.”
Toriseva said her firm’s clients are appalled by what happened to them.
“The level of outrage and violation felt by our clients almost can’t be measured,” Toriseva told The Record. “Each of them feel enormous pride in their service with the WVSP, making this gross privacy invasion even more devastating.
“The apparent alleged failure by top brass at the WVSP to protect their privacy from voyeurism in their own police women’s locker room is unacceptable.”
And on March 1, attorney David Moye sent a letter to Morrisey and Cahill on behalf of Cpl. Joseph Comer, who was arrested in February on charges of felony strangulation and misdemeanor domestic battery in incidents involving a female State Trooper.
Comer was arrested about a week after the anonymous letter was sent to lawmakers and state government officials. Moye told WSAZ reporter Curtis Johnson the State Police believe Comer was the author of the anonymous letter.
On March 20, Cahill resigned his position. Justice named Chambers the interim superintendent.
The State Police has been the subject of criticism and investigation in recent weeks following an anonymous letter making monetary and sexual allegations about the agency and troopers.
“Our three victims know they accessed and used the female locker room at the West Virginia State Police Academy during the relevant time the anonymous letter indicates,” Toriseva’s letter states. “The anonymous letter further indicates this hidden camera was placed in the female locker room by a separate West Virginia State Police employee.
“This fact has been reported by multiple media outlets and other witnesses and individuals with knowledge of these events. When evidence of the unwarranted, unauthorized, and illegal surveillance was discovered, another uniformed West Virginia State Police employee allegedly destroyed that evidence.”
Justice also confirmed the involvement of a State Trooper in a casino theft and an active investigation regarding a death along Interstate 81 involving a State Trooper. Other allegations against the State Police include misuse of federal and state dollars, ghost accounts using public money for secret unauthorized personal purchases, high-level staffers engaging in inappropriate behavior in state offices and vehicles and illegal overtime practices resulting in hundreds of thousands of dollars in fraudulent payments.
Earlier this week, attorney L. Dante diTrapano sent a notice of intent to sue on behalf of a woman who says a State Trooper drugged, kidnapped and raped her in 2021.
Department of Homeland Security Jeff Sandy led the investigation that includes an independent inspector general and two other staff members. The investigation is complete, but the findings have not been publicly revealed.
Justice also has confirmed a separate federal investigation in the matter.
In a March 23 interview, Cahill told MetroNews’ Hoppy Kercheval he was a scapegoat, adding he was going to be dismissed if he didn’t resign March 20. He had been superintendent since Justice took office in 2017.
“I have no faith, I said this from early on, in this investigation,” Cahill said. “I felt like these guys were just handed this investigation: ‘Find something.’ I think it’s been totally unfair.”
Cahill said the video recordings were made by a now-deceased State Trooper in 2015. He said he learned of the video and destruction of images on a thumb drive in late 2020.
“They absolutely destroyed the thumb drive,” Cahill told Kercheval. “You could call it evidence. But I think looking back — and I wasn’t there; I can only surmise — I don’t know if they looked at it in disgust and thought ‘Hey we’re going to protect this lady,’ I don’t know.”
Justice said he wants Chambers, who had been a deputy with the state Capitol Police, to review the state investigation.
“There are many areas of allegations,” Justice said. “Jack Chambers will address those allegations.”
Earlier this week, Chambers issued a statement apologizing to the women affected by the hidden camera issue, and Justice commented about the pending litigation related to it.
"Can't blame them, that is my reaction wholeheartedly," Justice told WSAZ's Curtis Johnson on Tuesday. "If I had been a female and I had been in there and I knew now that there was a hidden camera, I'd be mad. I'd really question what was going on. Can't blame them."
Kanawha Circuit Court case numbers 23-C-264, 23-C-265, 23-C-269 and 23-C-270
