CHARLESTON – A former Department of Corrections and Rehabilitation employee says she was the victim of sexual assault by a fellow correctional officer.
Amanda Callahan filed her complaint in Kanawha Circuit Court against the WVDOCR, Mount Olive Correctional Facility Acting Warden Jonathan Frame, Warden Donald Ames and fellow correctional officer Elijah Payton.
According to the complaint, Callahan began working for the DOH in June 2022 at Mount Olive, which is located in Fayette County. She says Payton approached her almost immediately and “was very flirty.” She said she rejected numerous requests to go out with him. Then, she says Payton followed her to her home.
Callahan says she was polite to Payton but asked him to leave. He refused, and he soon came into her home.
“I finally had to get into the shower,” Callahan states in an affidavit that is part of the complaint. “Payton came into my bathroom, opened the closed door and stared at me while I was nude in the shower. I told him to stop and that he needed to leave. … I had to physically take him by the arm and urge him out of my home.”
Callahan says she reported Payton’s actions to at least two supervisors, but she says nothing was done about it.
“I was told Payton does ‘that stuff a lot’ and that he is ‘young and dumb,’” the complaint states. “I did not feel safe working with Payton as he continued to approach me and asked me out.
“He knew where I lived, and it make me so uncomfortable I just left employment with the DOC as I didn’t feel safe. I also felt like the DOC was trying to cover up Payton’s actions and did not take me seriously with my concerns about his actions.”
Callahan accuses the defendants of violating the West Virginia Human Rights Act and creating a hostile work environment as well as negligent hiring, retention and training.
She seeks compensatory damages, punitive damages, attorney fees, court costs, front pay and other damages.
Callahan is being represented by D. Adrian Hoosier II of the Hoosier Law Firm in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-935
