CHARLESTON — An inmate at Mount Olive Correctional Center is suing the West Virginia Division of Corrections and Rehabilitation alleging he was injured during an attack and correctional officers failed to intervene on his behalf.
Correctional Officers Blake and Doe were also named as defendants in the suit.
Michael Palmer was incarcerated at MOCC and in July 2020, the correctional officers failed to intervene when Palmer was attacked by another inmate, according to a complaint filed in Kanawha Circuit Court.
Palmer claims the officers were present when he was attacked by another inmate and seriously injured, and heard and witnessed his pleas for help, but did not intervene to stop the attack.
"Rather than intervene, the defendants hid behind a desk," the complaint states. "Defendant Doe actually jumped onto the desk to avoid and distance himself from the beating that plaintiff was subjected to. The defendants had the opportunity and duty to intervene and protect plaintiff but failed to do so."
The plaintiff suffered severe injuries as a result of the attack and he continues to suffer from severe emotional distress over the incident.
Palmer claims he was repeatedly kicked and punched as a result of the attack and the defendants' failure to intervene. He also required transport to a local hospital for medical treatment and stitches and he suffered a concussion.
The defendants violated the U.S. Constitution and violated the plaintiff's safety and constitutional rights, as well as correctional facility policy, according to the suit.
Palmer is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Paul M. Stroebel of Stroebel & Stroebel in Charleston.
Kanawha Circuit Court case number: 22-C-319
