CHARLESTON — A man is suing the West Virginia Division of Corrections and Rehabilitation for treatment by a guard when he was having asthma problems.
Ronnie Thompson, the superintendent of the South Central Regional Jail and unknown, unnamed employees were also named as defendants in the suit.
Robert Holley was incarcerated at South Central Regional Jail and had severe asthma and lung issues and was waiting in line for his inhaler medication on Jan. 22, 2022, when he began to suffer from trouble breathing, according to a complaint filed in Kanawha Circuit Court.
Holley claims he explained to a guard that he really needed his inhaler because he was struggling to breathe and asked to be moved up in the line, but the guard, instead, grabbed him and removed him from the line altogether.
The guard then took Holley to his cell, slapped him and told him to stop complaining. He then told him that he would now not be able to receive medical treatment.
While in his cell, the guard discovered other inmates were making "hooch" and asked Holley if it was his, according to the suit. When Holley pointed out he had only been at South Central for two days and that it was not his, the guard, loudly, called him a snitch and said he was ratting out his cellmates.
"The guard then yelled, 'You're ratting out your celly; they don't take kindly to rats in here,'" the complaint states.
Approximately 30 minutes later, three cellmates who overheard the guard calling him a snitch, attacked Holley and caused him to suffer a fractured jaw, multiple fractures of the nose and a fracture to his eye, according to the suit.
Holley claims the defendants were negligent and caused his injuries.
Holley is seeking compensatory and punitive damages. He is being represented by Joseph H. Spano Jr. of Pritt & Spano in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-29