Nicholas woman says son shouldn't be in prison

CHARLESTON - A Nicholas County woman has filed a suit against the Division of Corrections, claiming her son was wrongfully imprisoned.

Tamara Hylton Woods filed the suit April 21 in Kanawha Circuit Court against the West Virginia Division of Corrections. The suit was filed on behalf of Jeffrey Alan Hylton.

According to the suit, Hylton was arrested July 14, 2005, and charged with breaking and entering and grand larceny, which allegedly occurred at the Gilboa Church of God in Nicholas County, in June 2005.

Hylton was under 18 at the time of the alleged offense, which the suit says puts him in the jurisdiction of the juvenile courts.

According to the suit, Hylton pled guilty to the crime of breaking and entering and appeared before Nicholas Circuit Court Judge Gary W. Johnson for sentencing.

Hylton was sentenced to one to 10 years in the penitentiary, but the sentence was suspended and reduced to six months to two years at the Anthony Correctional Center.

According to the suit, Woods claims her son suffered great mental and emotional distress and anguish, physical pain and suffering and deprivation of his liberty as a result of his alleged wrongful imprisonment.

The suit says Hylton had his civil and constitutional rights deprived. Woods claims she suffered loss of care, comfort, society and support of her son, and suffered sorrow, mental anguish and solace.

Woods seeks compensatory damages and any other relief the court deems necessary.

Attorney Kevin B. Burgess is representing Hylton. The case has been assigned to Judge Louis Bloom.

Kanawha Circuit Court case number 08-C-773