CHARLESTON — A former inmate is suing the West Virginia Division of Corrections and Rehabilitation alleging his sentence was wrongfully calculated.
Diann Skiles and unknown, unnamed individuals were also named as defendants in the suit.
Chauncey Ziglar was originally sentenced by Judge Derek Swope in August 2015 and Swope entered an order in March 2021 that awarded him 104 days credit for time previously served, according to a complaint filed in Kanawha Circuit Court.
Skiles, however, never added the 104 days credit, nor did she add good time for the additional time awarded, according to the suit.
Ziglar claims the defendants were employed for the purpose of calculating the plaintiff's sentence and discharge date and they never did recalculate his discharge date, despite being aware that an additional 104 days of time served had been awarded and credited to him.
"Defendants knew that plaintiff's release/discharge date was not calculated properly," the complaint states. "Plaintiff complained multiple times about not receiving an updated calculation."
Ziglar claims he complained multiple times about not receiving an updated calculation, but she refused to do so.
"Had plaintiff's discharge date been recalculated, his ... sentence would have commenced at an earlier date and plaintiff would have been discharged at an earlier date," the complaint states.
Ziglar claims he was not released until August 2022, when he should have been released 104 days earlier.
The defendants' actions violated the U.S. Constitution, was negligent and was a breach of ministerial duty, according to the suit.
Ziglar claims the defendants breached their duty to him and caused him to stay in prison longer than he was supposed to have been sentenced.
Ziglar is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Paul M. Stroebel of Stroebel & Stroebel in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-207
