BECKLEY – U.S. Attorney Charles Miller has moved to cut off a pair of lawsuits that a federal prisoner in Beaver filed in Raleigh County against prison employees.
Miller removed both suits to federal court, substituted the United States as defendant in place of individuals, and moved to dismiss the United States for lack of jurisdiction.
In one suit, prisoner Christopher Umberger claims physician Dominick McLain mistreated him.
In the other, Umberger claims that employees seized and destroyed his property and adds a claim that female employees humiliated him in a strip search.
He wrote that one "did cluck her tongue in mock disgust."
Assistant U. S. Attorney Stephen Horn removed the suits to the Beckley division of federal court in the southern district of West Virginia on June 26.
His motion to dismiss argues that Horn has not exhausted administrative remedies.