CHARLESTON — A man filed a lawsuit against the West Virginia Department of Corrections and Rehabilitation alleging he was discriminated against for reporting inhumane conditions at a jail.
Troy Carter began his employment with the defendant on Oct. 15, 2020, and prior to May 16, 2022, he had never been reprimanded or disciplined in his employment, according to a complaint filed in Kanawha Circuit Court.
Carter claims he performed all of his job duties in a satisfactory and exemplary manner and during the latter part of 2021 and early part of 2022, he began recording and reporting substandard and inhumane conditions at Southern Regional Jail.
The plaintiff's reporting and efforts constituted a good faith report, however, the defendant did nothing about the conditions and on May 16, 2022, Carter received a verbal non-disciplinary suspension for 60 days pending an investigation into an alleged use of force that had occurred nearly four months prior on Jan. 26, 2022, according to the suit.
Carter claims the suspension was effective through July 15, 2022, but the day before, on July 15, 2022, the suspension was extended another 30 days.
Despite the letter extending the suspension, on July 20, 2022, he was told he could return to work and that the investigation had been completed and no additional action was taken on discipline, according to the suit.
Carter claims on Sept. 6, 2022, he was called into his supervisor's office and subjected to an inquiry about the reports he'd made about the conditions at the jail and whether he had spoken to or provided information to attorneys and he exercised his right not to participate in the conversation.
Carter claims one week later he was suspended for failure to report suspected use of force from the January 2022 incident.
"The letter failed to acknowledge that the alleged use of force had never occurred," the complaint states.
Carter claims he was discriminated against because he made reports about the conditions of the jail and the defendant caused a hostile work environment.
Carter is seeking compensatory damages. He is represented by Stephen P. New and Amanda J. Taylor of New, Taylor & Associates in Beckley.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 22-C-943
