BECKLEY — After a class action lawsuit was filed in federal court regarding the conditions of a regional jail, a federal investigation will now occur.
The West Virginia Division of Corrections and Rehabilitation's Betsy Jividen, Michael Francis, Larry Warden and Brad Douglas; West Virginia Department of Homeland Security Cabinet Secretary Jeff Sandy; and the county commissions of Raleigh, Fayette, Greenbrier Mercer, Monroe, Summers and Wyoming; Primecare Medical of West Virginia; Wexford Health Sources; and numerous unknown and unnamed employees from the named entities, were all named as defendants in the suit.
Michael D. Rose and Edward L. Harmon, as named class members, claim the jail was constantly overcrowded, which violated Eighth and 14th Amendment rights, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
New
Attorney Steve New, who is one of the attorneys representing the plaintiffs, said the jail has faced many problems.
"We look forward to the truth coming out about these deplorable unconstitutional conditions at the Southern Regional Jail," New told The West Virginia Record. "The state, the county commissions and the medical providers have all failed for a number of years. We believe we can win this case and bring forth change in the system."
The jail was designed to hold 468 inmates, but in 2020 the jail held 711 inmates and had a 12-month daily population average of 640 inmates, according to the suit. The jail, at that time, was at 166 percent capacity.
In 2021, the jail had a population of 681 inmates and an average daily population of 717 inmates, the complaint states.
The plaintiffs claim the jail was so overcrowded, there were three and sometimes four inmates housed in a two-person scale and one correctional officer even recalled as many as six inmates housed in a two-person cell.
"As a result of persistent overcrowding at SRJ, many inmates are forced to sleep on the floor of their cell," the complaint states. "In addition, as a result of persistent overcrowding at SRJ, many inmates are regularly forced to live and sleep on the dayroom floor of their pod."
The plaintiffs claim one correctional officer recalled seeing as many as 16 inmates living and sleeping on the dayroom floor of a pod at one time. They claim living and sleeping on the dayroom floor exposed them to a variety of health and safety risks.
"Inmates living on a dayroom floor at SRJ are regularly attacked and physically injured because they are not protected by a locked cell," the complaint states. "Inmates living on a dayroom floor at SRJ are also sexually assaulted or raped because they are not protected by a locked cell. ... Moreover, inmates living in the dayrooms at SRJ have no access to individual sinks or toilets."
When individual inmate cells are locked down, inmates living in the dayrooms at SRJ have no access to drinking water or use of a toilet, according to the suit.
The plaintiffs claim there were faulty and non-working toilets, they were sometimes not given proper hygiene products, such as toilet paper, and personal hygiene products were regularly withheld from plaintiffs.
The plaintiffs claim they're supposed to have at least two sets of clothing, but they were often only given one set, so they could not send their clothes to be laundered.
When inmates arrived at the jail, they are supposed to be given a laundry bag, which they were rarely given and SRJ inmates were regularly forced to wash their clothing by hand in the sink, shower, a mop bucket or not at all, according to the suit.
Inmates were also regularly denied recreation time, did not have adequate lighting, were improperly disciplined, and were not provided with proper safety, according to the suit.
The plaintiffs also claim they received negligent medical care, were not able to file grievances and jail administration was aware of what was going on in the jail.
The plaintiffs are seeking compensatory damages. They are represented by New and Russell A. Williams of New, Taylor & Associates; Zachary Whitten of The Whitten Law Office; and Robert Dunlap of Robert Dunlap & Associates.
U.S. District Court for the Southern District of West Virginia case number: 5:22-cv-00405
