CHARLESTON – A 20-year State Police veteran says she was secretly filmed inside the women’s locker room at the West Virginia State Police Academy.
Talia Divita filed her complaint in Kanawha Circuit Court against the State Police.
According to her complaint, Divita says she regularly worked out in the academy weight room and gym Monday through Friday beginning in September 2015 through September 2017. She say her workout partners were Sheri Lemons and Reggie Patterson. Divita says the camera filmed her and Lemons.
“A camera was secretly placed inside the women’s locker room at the West Virginia Police Academy by a supervisor of the West Virginia State Police,” Divita’s complaint states. “The camera … was aimed at the showers in the women’s locker room. The camera … secretly filmed women, without their permission or consent, inside the women’s locker room … changing their clothes and showering.”
At least 70 women and minors have filed notices of intent to sue the State Police with similar allegations as Divita. A handful of lawsuits already have been filed, but more are expected soon.
According to Divita’s complaint, at least one thumb drive containing video footage of the women’s locker room was viewed by at least three male members of the State Police. As Gov. Jim Justice previously has said, the thumb drive was destroyed by members of the State Police, including at least one supervisor.
By 2020, Divita says then-Superintendent became aware of the secret recordings, that they had been viewed by at least three male Troopers and that the thumb drive had been destroyed. But, she says the State Police failed to notify potential victims and failed to discipline employees involved with the filming or the destruction of evidence.
In February 2023, Divita says she learned of the camera and secretly filmed footage. She quotes Justice, who said “we have violated, on our State Police level, women’s rights.”
“I don’t know how in the world many things could be much much worse than that,” Justice also said March 20 about the issue. “Wouldn’t you absolutely think that a women’s locker room ought to be a safe place, an absolute safe place? Now we have a situation where, whether it was in 2014 or 2016 … our State Police did stuff that was really bad. They put a video camera in the women’s locker room.
“There were three Troopers … that found a thumb drive. They individual that did this died. … Then, there were three Troopers that found the thumb drive and absolutely from that they found the video. Then, one if not all, immediately jerked the thumb drive out and threw it on the floor and started stomping on it.
“You can’t make this stuff up, can you? Really and truly. Now we’ve got law enforcement officers destroying evidence. You can’t make it up.”
Brian Abraham, Justice’s Chief of Staff, has said the camera was not motion sensitive, meaning it continuously ran. He said the person responsible occasionally replaced the recording device, storage and battery source so it would continue to run. He also said “high-ranking individuals” at the State Police destroyed evidence.”
Divita accuses the State Police of sexual harassment, gender discrimination, harassment, hostile work environment, intentional spoliation of evidence, invasion of privacy, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent hiring, negligent promotion, negligent retention and negligent training.
She says she has suffered emotional distress, indignity, embarrassment, humiliation, annoyance, inconvenience, mental pain and suffering and other injuries. She seeks compensatory damages, punitive damages, pre-judgment interest, attorney fees, court costs and other relief.
Divita is being represented by Mark A. Atkinson and John-Mark Atkinson of Atkinson & Frampton in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
In 2020, Divita filed another lawsuit against the State Police alleging gender discrimination for allegedly being harassed by a sergeant after she was transferred to work on the West Virginia Turnpike in 2017. That case still is pending and is scheduled for trial later this year, according to court records.
Kanawha Circuit Court case number 23-C-464