CHARLESTON — A couple is suing the West Virginia Division of Corrections & Rehabilitation alleging their child was injured by a correctional officer.
Commissioner Betsy C. Jividen, an unknown guard and Youth Services Systems were also named as defendants in the suit.
Richard Taft and Victoria Taft are the legal guardians of T.B., a 13-year-old child who was held at the Ronald C. Mulholland Juvenile Center in 2020 when he was 11 years old, according to a complaint filed in Kanawha Circuit Court.
The Tafts claim on Dec. 3, 2020, while T.B. was at the facility, he was struck in the face and eye with a closed fist by an employee and the Tafts were not informed until several days later regarding the incident.
The serious physical abuse was not reported to the West Virginia State Police or other law enforcement agency for investigation and the abuse was witnessed by several additional employees of the center, all of whom failed to report the incident as required by state law, according to the suit.
The Tafts claim they could not get any additional information from the facility about medicare care, condition, the extent of the injury, medical follow-up, measures to protect T.B. from additional abuse, diagnosis of the injury or the facts and circumstances surrounding the injury.
On Dec. 22, 2020, the Tafts attorney sent a Freedom of Information Act request to the center relating to the physical attack on their child and the FOIA request was denied by the Division of Corrections and the Youth Services System without explanation.
The Tafts claim on April 29, 2021, another FOIA request was issued and was responded to on May 11, 2021, with a vague denial citing West Virginia code, but that certain records could be reviewed at a mutually agreeable day and time.
"After several unreturned telephone calls from the Office of the Commissioner, Counsel informed Ms. Sallie Daugherty of the Commissioner's Office...that Counsel would arrive on December 9, 2021, to review the records pertaining to the matter," the complaint states.
When they arrived on Dec. 9, 2021, they were informed that no party was available and that Jividen would provide certain records, but she never has, according to the suit.
The Tafts are seeking compensatory damages with pre- and post-judgment interest. They are represented by Daniel K. Armstrong of Armstrong Law in Gassaway; and Brendan Doneghy with West Virginia Legal Organization.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-247
