CHARLESTON — A woman is suing the West Virginia Division of Corrections and Rehabilitation alleging her sister died in its care.
Catherine Mae Moore was arrested July 16, 2019, and taken to United Hospital Center's Emergency Department in Bridgeport for medical clearance prior to incarceration, where she had complained of chest pain and was diagnosed with non-cardiac chest pain upon discharge, according to a complaint filed in Kanawha Circuit Court.
Tara Dunkle claims her sister was placed in general population instead of in detox protocol even though the jail system was aware she was an active drug user and was actively using heroin/methadone seven days a week.
DCR failed to prevent controlled substances from entering the jail due to inadequate screening and searches and failed to oversee the willful, wanton and reckless misconduct of employees, representatives and agents, which resulted in the death of Moore, according to the suit.
Dunkle claims the defendant failed to maintain a jail free of illicit, illegal and dangerous substances, which led to Moore's injuries and death.
In its answer to the complaint, DCR argued that the complaint should be dismissed for failure to state a claim upon which relief can be granted.
"The defendant raises and preserves the defense of immunity and qualified immunity available to it pursuant to the United States Constitution, United States Code, the West Virginia State Constitution and the West Virginia State Code," the DCR argues in its answer.
The DCR also denies it acted in violation of Moore's constitutional rights and denies it acted willfully, intentionally or in callous disregard of the plaintiff's constitutional and statutory rights. It also denies it in any way denied the plaintiff due process of law.
Dunkle is seeking compensatory damages. She is represented by L. Dante diTrapano, Alex McLaughlin, and Benjamin Adams of Calwell Luce diTrapano and William Forbes and W. Jesse Forbes of Forbes Law Office.
The defendant is represented by William E. Murray and Mark J. McGhee of Anspach Meeks Ellenberger in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 21-C-597