BECKLEY — A federal judge denied a motion to dismiss a lawsuit against the federal government and granted a motion for an extension of time to effect service.
District Judge Frank W. Volk found that Sonya Sexton, the administratrix of the estate of Clint E. Sexton, has shown the minimum required for a finding of good cause.
"There is no evidence to suggest that the delay was outside of Ms. Sexton’s control," Volk wrote. "Moreover, there appear to have been no diligent or reasonable efforts to deliver a copy of the summons and the complaint to the United States Attorney for this District..."
Volk wrote that an extension of time to effect service will not be prejudicial to the United States.
"Ms. Sexton timely responded to the Motion to Dismiss and requested additional time to effect service," he wrote.
The United States had sought to have the lawsuit dismissed for failure of service of process. Sexton filed the lawsuit on Oct. 12 and on Nov. 3, summons on the attorney general on behalf of the federal government was returned executed and no answer was filed. On Jan. 18, the court ordered the federal government to show cause as to why a default judgment should not be entered.
"That Order was sent to the Chief of the Civil Division for the United States Attorney’s Office in this District," Volk's order states. "On January 19, 2022, the United States responded and moved to Dismiss Ms. Sexton’s complaint for Failure of Service of Process. On January 24, 2022, Ms. Sexton responded in opposition to the Motion to Dismiss and moved for an Extension of Time to Effect Service."
Sonya Sexton filed the lawsuit against the federal government after her brother, Clint Sexton, died while in prison.
Clint Sexton was charged with a felony on Dec. 20, 2017, and he pled guilty on Jan. 25, 2018. Clint Sexton had a family history of bipolar disorder and schizophrenia and he suffered from seizures. He was sentenced to two years in prison.
Within one week of arriving at FCI Beckley, Sexon was found dead in his cell, having hanged himself with a belt, according to the suit.
Sonya Sexton claims the defendant failed to do her brother's psychological intake and did not provide him with mental health counseling.
Sonya Sexton is seeking compensatory damages. She is represented by Russell A. Williams of New Taylor & Associates.
U.S. District Court for the Southern District of West Virginia case number: 5:21-cv-00556
