Former inmate claims he was injured by another

By Whitney Brakken | May 6, 2014

CHARLESTON -- A former Mount Olive inmate is suing after being attacked and injured by another inmate.

Talbert F. DeHaven II filed a lawsuit April 10 in Kanawha Circuit Court against the West Virginia Division of Corrections, James Rubenstein, David Ballard, Corporal Michael Blagg, Sergeant Thomas Bennett, Correctional Officer Jeremy Arbogast, Correctional Officer David Lutrell and Correctional Officer John Doe.

According to the complaint, DeHaven was an inmate in custody of the West Virginia Department of Corrections and incarcerated at Mount Olive Correctional Complex. The plaintiff states he was employed as a janitor at Mount Olive Correctional Complex and was cleaning the showers in April 2012 when he was attacked and injured by another inmate. DeHaven alleges the defendants observed the attack and refused to intervene to stop the attack.

The plaintiff is seeking an undisclosed amount in damages.

DeHaven is being represented in the case by Sean W. Cook and Sarah A. Rodgers of Meyer, Ford, Glasser & Radman PLLC. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court Case No. 14-C-710

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