WEST VIRGINIA RECORD

July 11
Beverly Carson v. Dave Masters, WV Division of Corrections, Commissioner Jim Rubenstein
PA – Kerry A. Nessel; J – Walker
* Beverly Carson filed a suit against the West Virginia Division of Corrections after she was allegedly sexually harassed, assaulted and abused by a supervisor at the Anthony Correctional Center. Carson claims Dave Masters assaulted her during her incarceration in 2006 and 2007. According to the suit, a continuing practice and pattern of sexual harassment, abuse and assault has existed against inmates, by one or more of the officers. Carson claims she suffered anxiety, humiliation, annoyance and inconvenience, invasion of privacy, emotional distress, loss of her ability to enjoy life, medical and pharmaceutical expenses and other damages. Carson seeks compensatory and punitive damages.
Case number: 08-C-1334

Vicki Lynn Rains v. South Charleston Police Department
PA – W. Jesse Forbes; J – Walker
* Vicki Lynn Rains filed a suit against the South Charleston Police Department after she tried to apply for a job as an officer, but was allegedly denied because of her age. Rains claims she drove 900 miles, from Kansas to South Charleston, only to be told about a state law that requires applicants to be 35 or younger. Rains was 37. Rains claims she learned that there have been several applicants over the age of 35 who were allowed to take the physical ability test and been employed as officers. Rains claims she was intentionally discriminated against because of her age. According to the suit, Rains claims the West Virginia Code that sets the age at 35 is unconstitutional, arbitrary and discriminatory. Rains seeks to have the code declared unconstitutional under the U.S. Constitution and the West Virginia Constitution. She also seeks compensatory and punitive damages.
Case number: 08-C-1335

Ryan McKown v. Dave Masters, WV Division of Corrections, Commissioner Jim Rubenstein
PA – Kerry A. Nessel; J - Stucky
* Ryan McKown filed a suit against the West Virginia Division of Corrections after she was sexually harassed, assaulted and abused by a supervisor at the Anthony Correctional Center. McKown claims Dave Masters assaulted her during her incarceration in 2006 and 2007. According to the suit, a continuing practice and pattern of sexual harassment, abuse and assault has existed against inmates, by one or more of the officers. McKown claims she suffered anxiety, humiliation, annoyance and inconvenience, invasion of privacy, emotional distress, loss of her ability to enjoy life, medical and pharmaceutical expenses and other damages. McKown seeks compensatory and punitive damages.
Case number: 08-C-1337

July 16
Dawn E. Fujita, individually and as next friend of Adam Fujita and Ethan Fujita v. Chester "Chet" Roberts III and Adam Rogers
PA – John R. Fouter, Anna B. Williams; J – Zakaib
* Dawn Fujita filed a suit against Chet Roberts and Adam Rogers after her car was damaged when the men allegedly sprayed "silly string" on it and wrote obscene words on the exterior. Fujita claims the men also went to her family business and residence, in an attempt to stalk her family. She claims she has suffered property damage and seeks property, monetary and punitive damages.
Case number: 08-C-1365

Lovell Brown, personal representative of the estate of Kathryn Brown v. Charleston Area Medical Center, Inc.
PA – Harry F. Bell, Jr.; J – Kaufman
* Lovell Brown has filed a medical malpractice suit against Charleston Area Medical Center, on behalf of the estate of his late mother. Brown claims his mother, Kathryn Brown, suffered from pressure sores and skin breakdown, which went untreated for several weeks, after she was admitted to CAMC. Brown's condition worsened and she sustained bodily injuries, resulting in pain, suffering and ultimately, death. In the two-count suit, Lovell Brown seeks compensatory and punitive damages for his mother's estate.
Case number: 08-C-1368