Former inmate accuses correction facility operators of civil rights violations

By Philip Gonzales | Dec 12, 2018

CHARLESTON — A former inmate is suing state corrections facility operators, alleging negligence and violation of civil rights.

Stephen W. Nichols filed a complaint in Kanawha Circuit Court against the West Virginia Division of Corrections and Rehabilitation and John Doe,, alleging they violated his constitutional rights guaranteed under the Fifth, Sixth, Eighth and 14th Amendments to the U.S Constitution.

According to the complaint, on Jan. 2, 2018, Nichols was a pre-trial inmate at the defendants' Tygart Valley Regional Jail in Bellington when he was severely beaten and left for dead by unknown inmates. As a result of the beating, the suit says, Nichols continues to suffer seizures and is permanently and totally disabled. 

The plaintiff alleges, despite being told not to return Nichols to the A-pod for fear of being attacked by several inmates, the defendants recklessly disregarded his rights and returned the plaintiff to the A-pod at the Bellington jail.

Nichols seeks trial by jury, judgment to adequately compensate him for his injuries, punitive damages, court costs, attorney fees and all other just and reasonable relief. He is represented by attorney William M. Tiano of Tiano O'Dell PLLC in Charleston.

Kanawha Circuit Court case number 18-C-1347

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Kanawha Circuit Court Tiano O'Dell, PLLC West Virginia Division of Corrections

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