Federal judge tosses case against jail authority over alleged beating

By Kyla Asbury | Nov 18, 2013

CHARLESTON - A lawsuit against the West Virginia Regional Jail and Correctional Facility Authority has been dismissed from federal court.

Larry Parsons, Stephen Tucker, Michael Clark and unnamed employees of the jail authority were also named as defendants in the suit.

On Nov. 12, an order was filed in the U.S. District Court for the Southern District of West Virginia at Charleston by District Judge Joseph R. Goodwin ordering the case to be dismissed and stricken from the docket.

"The complaint contains no facts indicating that the individual defendants or anyone at WVRJCFA was or should have been aware of his injuries, much less responsible for his inadequate and untimely medical care," Goodwin's memorandum opinion states. "The factual section of the amended complaint discusses the two times Mr. Carter was attacked by fellow inmates, but does not mention any conduct by the defendants."

It is possible that Timothy S. Carter has a valid claim against the defendants, however, the complaint does not allege facts implicating the defendants in his injuries, the opinion states.

Carter was confined to the South Central Regional Jail and on Feb. 21, 2011, he was severely beaten by other inmates, according to a complaint originally filed Feb. 20 in Kanawha Circuit Court and removed to the U.S. District Court for the Southern District of West Virginia at Charleston on April 24.

Carter claimed he was not provided treatment for his injuries, despite the obvious nature of them and in March 2011, he was transferred to Western Regional Jail.

At the time of the transfer, it was known to the defendant that Carter was at a great risk for additional beatings by other inmates due to various factors and, despite this knowledge, inadequate measures were taken to protect him from other inmates and he was beaten a second time, according to the suit.

Carter claimed he was ultimately taken to see Dr. Russell Fry and, due to the nature and severity of the injury to his left eye, it became necessary for Fry to perform an enucleation of the eye, which is the removal of the eye.

Following the surgery, further treatments and therapies were recommended and prescribed, however, the defendant failed to provide them, which resulted in various complications developing, according to the suit.

Carter claimed the defendant had a duty to provide a reasonably safe environment for inmates and failed to do so.

As a result of the defendant's wrongful misconduct, Carter was severely and permanently injured, according to the suit.

Carter was seeking compensatory damages. He was being represented by Larry O. Ford of Meyer, Ford, Glasser & Radman PLLC.

The defendant was represented by Dwayne E. Cyrus and Philip B. Sword of Shuman McCuskey & Slicer.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:13-cv-08900

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