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WEST VIRGINIA RECORD

Tuesday, April 16, 2024

Inmate alleges failure to keep him safe in jail

LOGAN — A former inmate is suing The West Virginia Regional Jail Authority and the Southwest Regional Jail, citing alleged negligence and insufficient measures taken to prevent injuries.

Brian Fitzgerald filed a complaint on Aug. 26 in Logan Circuit Court against those defendants and a John Doe, alleging that they breached their duty to provide a reasonably safe confinement facility.

According to the complaint, the plaintiff alleges that during his incarceration, he was physically harmed, assaulted, harassed and abused by defendants and unknown inmates and suffered extreme cruel and unusual punishment. The plaintiff holds The West Virginia Regional Jail Authority, Southwest Regional Jail and John Doe responsible because the defendants allegedly deprived him of his rights, privileges and immunities protected by the Constitution and laws of the United States, failed to properly supervise their employees and failed to protect him from harm at the hands of other inmates.

The plaintiff requests a trial by jury and seeks judgment against the defendants, jointly and severally, in an amount to fully compensate his damages, plus court costs, attorney fees and such other relief. He is represented by Susan J. Van Zant of Susan J. Van Zant, Law Offices in Williamson.

Logan Circuit Court Case number 16-c-181

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