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WEST VIRGINIA RECORD

Friday, March 29, 2024

Man who was assaulted during incarceration asks court to deny motions to dismiss

State Supreme Court
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ROMNEY —The plaintiff in a lawsuit is asking the court to deny motions to dismiss in a case, saying he has properly pleaded his case.

In response in opposition to the defendants' motions to dismiss, Damien Robbins argues that the defendants, West Virginia Division of Corrections and Rehabilitation (WVDOCR), Jeff Sandy, Betsy Jividen, Edgar Lawson and Officers Bryon Whetzel and Isaiah Blancarte, violated his constitutional rights.

"Qualified immunity neither protects the plainly incompetent, nor those who knowingly violate the law," the response to the officers' states. "Nor does it protect those whose acts or omissions violate clearly established law of which a reasonable person would have known."

Robbins argues that the Eighth Amendment guarantees that people will not have cruel and unusual punishment inflicted upon them and that the court should deny their motions to dismiss because the two officers clearly violated his constitutional rights.

Robbins says in the response that the officers displayed a "deliberate indifference to the health and safety" of the plaintiff and violated his constitutional rights. He calls the defendants motions to dismiss a misguided attempt to seek relief at this stage in proceedings.

In the motions to dismiss, the defendants argue that they have qualified immunity.

Robbins filed the lawsuit in October arguing that while he was ordered to serve 48-hour incarceration at Potomac Highlands Regional Jail and was placed in a misdemeanor pod at first before being moved to a felony lockdown pod.

Robbins was physically and sexually assaulted for multiple hours when three inmates entered the cell after Whetzel, acting as the tower officer, unlocked the cell door and permitted the inmates to enter. The inmates humiliated him and the officers did nothing to intervene.

Following his release from incarceration, he was taken to Winchester Medical Center, where he stayed for several days.

Later, Whetzel was terminated and the three inmates pleaded guilty to related charges, according to the suit.

Robbins is seeking compensatory and punitive damages. He is represented by Gregory A. Bailey and J. Daniel Kirkland of Arnold & Bailey.

Hampshire Circuit Court case number: 20-C-24

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