CHARLESTON – A former inmate at the North Central Regional Jail says unknown employees of the state Division of Corrections and Rehabilitation beat him until he was knocked out and left him with permanent nerve damage.
Scott Hartshorn filed his complaint October 21 in Kanawha Circuit Court against the state DOCR and unknown agents of the division.
According to the complaint, Hartshorn was incarcerated at the North Central Regional Jail in Doddridge County on September 22, 2019. He had just finished eating dinner in his cell around 6:30 p.m. when an unknown correctional officer arrived at his cell and accused him of “capping” his cell door. “Capping” is when an inmate uses an item to keep the cell door from closing properly. Hartshorn says he didn’t cap the door and had no intention of doing so.
Then, the officer told Hartshorn to turn around, which he did. The officer then entered the cell, took Hartshorn’s personal items and clothing and threw them into the hallway and around the cell.
Hartshorn says he then got off of his bunk but didn’t move toward the officer. Still, he says the officer put him into a headlock and proceeded to strike him repeatedly in the head and face with a closed fist.
“Plaintiff was knocked unconscious, and when he awoke he was laying in a pool of his own blood,” the complaint states. “Plaintiff was taken to the infirmary, where he received several stitches to his head. He was also suffering from a black eye and a nose bleed at this time.”
Hartshorn says the infirmary staff was unable to stop the bleeding from his nose. He was transferred to a hospital, where he was kept for 36 hours until the bleeding was stopped.
“Plaintiff still has nerve issues in his face,” the complaint states. “Plaintiff has little to no feeling in his nose, teeth and the left side of his mouth.”
Hartshorn accuses the defendants of negligence, violating his constitutional rights, intentional infliction of emotional distress, extreme and outrageous conduct, emotional distress, cruel and unusual punishment as well as negligent hiring, retention and supervision.
He seeks compensatory damages for his injuries, loss of earning capacity, conscious pain and suffering, annoyance, inconvenience, loss of enjoyment of life, mental anguish, emotional distress and other injuries. He also seeks vicarious and strict liability damages, punitive damages, pre- and post-judgment interest, attorney fees, court costs and other relief.
Hartshorn is being represented by Faun S. Cushman of Pritt & Spano in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 21-C-948