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WEST VIRGINIA RECORD

Sunday, May 5, 2024

First lawsuit filed against State Police for locker room camera

State Court
Wvstatepolicecruiser

A West Virginia State Police cruiser | Courtesy photo

CHARLESTON — An unnamed woman filed a lawsuit alleging she was unlawfully videotaped in the locker room at the West Virginia State Police Training Academy.

The woman, known as Jane Doe No. 1, sued the West Virginia State Police, Joshua Eldridge, Robert Perry, James Lee, Joseph Comer and unknown, unnamed individuals.

Doe claims there was a hidden video camera in the women's shower and locker facilities at the training academy and that by videotaping women in the locker room, the defendants have let down female law enforcement recruits, officers, employees and civilians, according to a complaint filed in Kanawha Circuit Court.


Toriseva

"The WV State police academy is a toxic and hostile work environment for women who work there, civilian and law enforcement," Teresa Toriseva said to The West Virginia Record. "While there are many good and decent members of the WVSP, it’s time to expose and weed out those who have engaged in that culture of hostility and bad acts toward women."

Toriseva said the case is the beginning of many that her team is now ready to file against the West Virginia state police and the individuals they believe are responsible for the harm.

"We will be continuing to file cases on a rolling basis, with each case adding to the story," Toriseva said. "Our investigation continues to reveal new information as more and more come forward."

Toriseva said it's time to end a culture of hostility at the training academy.

"Our clients are ready to move ahead in order to achieve justice for all those who have been harmed so that this disgusting situation that was allowed to occur at the West Virginia State Police Academy cannot be repeated in the future towards other women or for young girls who aspire to work in law enforcement," Toriseva said. "It’s time to end the culture of hostility toward women at the WV State Police Training Academy."

The destruction of evidence of unlawful videotaping is another failure by the State Police of its duty to protect evidence and investigate crimes, according to the suit.

"There is a culture of misconduct toward women at the West Virginia State Police and it is believed that it infects all aspects of the organization and the State Police Training Academy," the complaint states.

Doe, a current employee of the West Virginia State Police, claims she regularly utilized the female shower and locker facilities at the training academy and, unknown to her, there was a hidden camera that videotaped her.

She claims at no time did she give her permission to be videotaped.

On Jan. 26, 2018, Perry approached witness Jon Doe, who is not a part of the complaint, and asked him to come into an office in the training academy so he could show him something, according to the suit.

Once he entered the room, Eldridge, Perry and Lee showed him a video recorded by the hidden camera of the plaintiff, naked, using the shower and locker facilities, according to the suit.

Jon Doe expressed shock and outrage at the content of the video and Eldridge then pulled the thumb drive from the computer, threw it on the ground and smashed it with his boot. Then the defendants told Jon Doe that the camera had been installed by George Portaro, who had died two years prior, because he did not like the plaintiff.

Jon Doe believed the defendants were being honest with him and he later informed the plaintiff about the thumb drive and what the defendants had told him.

In February 2023, through an anonymous letter, the plaintiff learned that the statements from the defendants were false and misleading and that she was not the only person who had been videotaped.

The letter was received by Gov. Jim Justice in August 2022, however, Justice's office did not act on the letter and in February 2023, another letter was sent to various senators, delegates and the West Virginia Attorney General's Office.

"Sometime before February 2023, the West Virginia State Police conducted an internal investigation into the hidden camera(s)," the complaint states. "Upon information and belief, the West Virginia State Police's investigation was designed to cover up the existence of the camera(s). Upon information and belief, none of the perpetrators who installed or operated the hidden camera(s) and/or were aware of the installation or operation were disciplined or reprimanded."

Jane Doe claims she suffered injuries and damages as a result of the defendants' actions and/or inactions. She claims her privacy was invaded; that the defendants negligently hired and retained the person who installed the camera; and violated the West Virginia Constitution.

Jane Doe is seeking compensatory and punitive damages. She is represented by Toriseva and Joshua D. Miller of Toriseva Law in Wheeling; Kelly R. Reed and Traci M. Cook of the Law Offices of Kelly R. Reed in Morgantown; and J. Bryan Edwards of Cranston & Edwards in Morgantown.

The case is assigned to Circuit Judge Tera Salango.

Kanawha Circuit Court case number: 23-C-558

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