West Virginia Record

Saturday, February 29, 2020

Inmate sues West Virginia Division of Corrections for injuries

By Kyla Asbury | Nov 8, 2011

CHARLESTON -- An Anthony Correctional Center inmate is suing the West Virginia Division of Corrections for injuries he sustained in 2009.

On Nov. 20, 2009, Shawn A. Smith was attempting to pass through a doorway into an area in which, unknown to him, two other inmates were engaged in rough horseplay, according to a complaint filed Oct. 19 in Kanawha Circuit Court.

Smith claims as he pushed open the door, which had been unlocked by a correctional officer, one of the inmates engaged in the horseplay was shoved against the door, slamming it on Smith's hand, which was extended into the open door.

As a result of the incident, Smith sustained fractures to the right fifth metacarpal, which required open reduction internal fixation, according to the suit.

Smith claims the defendant was negligent in failing to properly accompany him to and from his destinations.

The defendant also failed to prevent horseplay between inmates and failed to prevent Smith from entering into a dangerous location, according to the suit.

Smith is seeking compensatory damages. He is being represented by Larry O. Ford.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 11-C-1875

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