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Thursday, March 28, 2024

Daughter blames death of Tygart Valley inmate on guards allegedly failing to check on him

State Court
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CHARLESTON – The daughter of a man who died while incarcerated at Tygart Valley Regional Jail and Correctional Facility alleges the facility's negligence is responsible for his death.

Mandy Delli-Veneri, personal representative of the estate of Randy S. Shull, filed a complaint in Kanawha Circuit Court against Tygart Valley Regional Jail and Correctional Facility, Michael Flanagan and Britt Adkins alleging violation of the Eighth and 14th Amendments.

The suit states that Shull was arrested on July 26, 2017, and taken to the defendant's facility as a pre-trial detainee. The suit states that Shull informed the a health care provider at the correctional facility that he regularly consumed large amounts of alcohol and that he would suffer from withdrawal if not given access to alcohol. 

The suit states Shull was placed on 30-minute detox watch and was to be checked on by a correctional guard every 30 minutes. The suit states that Shull was later found to be dead in his cell and an autopsy determined the cause of death was alcohol withdrawal.

The suit also states that after Shull's death, Tygart Valley Regional Jail and Correctional Facility officials conducted an investigation and concluded that Flanagan and Adkins had falsified the offender watch log and had not checked in on Shull every 30 minutes.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Lonnie C. Simmons of Dipiero, Simmons, McGinley & Bastress PLLC in Charleston and William T. Nestor of William T. Nestor PLLC in Elkins.

The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 19-C-684

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