CHARLESTON — Several defendants in a lawsuit alleging West Virginia Human Rights Act violations are asking for the lawsuit to be dismissed.
Mount Olive Correctional Complex Employee's Association, West Virginia Division of Corrections and Rehabilitation, Donald Ames, Wexford Health Sources and Pamela Givens filed answers to the complaint, denying the allegations and asking for the suit to be dismissed.
"The damages of the Plaintiff, if any, were caused by the conduct of the Plaintiff or others over which these Defendants had no control," one of the answers claims.
The defendants deny that they acted in violation of the plaintiff's constitutional rights and deny that they acted willfully, intentionally or in callous disregard for the plaintiff's constitutional and statutory rights, the other answer states.
Crystal R. Critchley filed the lawsuit against Mount Olive Correctional Complex Employee's Association, West Virginia Division of Corrections and Rehabilitation/Correctional Officers Association, Wexford Health Sources Inc., Pamela Givens and Donald Ames alleging that she was sexually harassed while she was employed by the defendants by inmates, according to a complaint filed in Kanawha Circuit Court.
The defendants were aware of the sexual harassment and the defendants assigned Kenneth "Ken" Rose to provide security and protection for Critchley, but he failed to provide security at a close proximity to her and allowed her to be attacked by an inmate, according to the suit.
Critchley claims she was forced to file a claim for worker's compensation benefits. She claims the defendants created a hostile work environment by failing to protect her and forcing her to resign from her employment for her own health and safety.
Critchley claims the defendants violated the West Virginia Human Rights Act.
Critchley is seeking compensatory and punitive damages. She is represented by D. Adrian Hoosier II of Hoosier Law Firm in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 21-C-779