CHARLESTON – The father of a 35-old-year inmate at the Eastern Regional Jail in Martinsburg who died from injuries after being beaten by another inmate has filed a suit alleging the correctional facility's operator breached its duty.
According to the filing in Kanawha Circuit Court, Michael E. Jones, as administrator of the estate of Michael E. Jones II, filed a civil action against the West Virginia Division of Corrections and Rehabilitation citing wrongful death.
"... Defendant WVDOCR had a duty to provide a safe environment for Michael E. Jones II to serve his criminal sentence, which was for a parole violation," the plaintiff states in his suit.
According to the suit, Jones' son was "brutally beaten" by another inmate on Jan. 10, 2018, and sustained injuries to back, neck and mouth. The plaintiff alleges he was notified three hours after his son's death.
"Defendant WVDOCR knew or should have known of the offending inmate's risk to other inmates, and knowledge of his risk to Michael E. Jones II," the complaint states.
The plaintiff seeks general and special damages, prejudgment interest and litigation costs. He requests a trial by jury.
Jones is represented by Brent K. Kesner and Shawn C. Gillispie of Kesner & Kesner in Charleston and Kevin Harris of Harris & Holmes in Ripley.
The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 19-C-866