Woman sues jail authority for family member's death

By Kyla Asbury | Jan 26, 2011

CHARLESTON – A woman is suing the West Virginia Regional Jail and Correctional Facility Authority after she claims it is responsible for a family member's death.

In December 2008, Jody Miller was incarcerated in the Central Regional Jail in Flatwoods, according to a complaint filed Jan. 13 in Kanawha Circuit Court.

Carol Bowen claims Miller passed away while he was incarcerated in the facility on Dec. 12, 2008.

The state jail authority negligently failed to provide medical or psychological care and/or treatment to Miller; negligently failed to observe, supervise and safely maintain Miller; and negligently failed to guard and watch Miller and protect him from himself or others, according to the suit.

Bowen claims Miller either committed suicide or was murdered, possibly in retaliation for a suit he had filed against the medical contractor of the facility.

The defendant was negligent and in intentional disregard of Miller's rights, according to the suit.

Bowen is seeking compensatory damages and for the court to require the defendant be required to produce all video cameras and their tapes/CDs reflecting Miller's actions for the five-day period preceding his death. She is being represented by Michael T. Clifford and W. Edward ReBrook III.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-67

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