BECKLEY – A federal judge has dismissed a lawsuit regarding conditions in the state jail system.
In her July 2 order, U.S. District Judge Irene Berger said the governor and other officials named in the lawsuit aren’t the proper defendants. The class action had been filed by a group of West Virginia inmates jailed at Mount Olive Correctional Center, Southwestern Regional Jail and the Donald Kuhn Juvenile Center.
The inmates said state officials failed to do anything to help overcrowding, understaffing and delayed maintenance for more than 10 years. That created inhumane living condition and indifference to the health and safety of the inmates, which they said were violations of the Eighth and 14th Amendments.
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The plaintiffs sought $270 million for maintenance at the state’s jails as well as $60 million for the hiring of additional staff.
Attorney Steve New, who is representing the plaintiffs, said Berger’s ruling will be appealed to the U.S. Fourth Circuit Court of Appeals.
Gov. Jim Justice and Homeland Security Secretary Mark Sorsaia had been named as defendants, but they said they weren’t the proper state officials with authority over maintenance and operation of the regional jails. For example, attorneys for Sorsaia said the state Legislature – not him – has the ability to appropriate funds.
And attorneys for Justice argued he doesn’t have specific legal authority over conditions at state correctional facilities.
“Plaintiffs lack standing to pursue this action against Governor Justice,” Berger wrote. “The plaintiffs point to the Governor’s pardon and budget powers as evidence of his direct control over West Virginia’s correctional facilities.
“However, neither is sufficient to establish a ‘causal connection’ between his conduct and the injuries alleged, nor can either assure that an order against the governor is likely to remedy the alleged unconstitutional conditions of confinement.”
Berger also said the issues at the heart of the complaint might be addressed by the Legislature or Division of Corrections and Rehabilitation Commissioner William K. Marshall. Neither were named as defendants in the class action.
“Thus to the extent the plaintiffs rely on Governor Justice’s general law enforcement powers and duties as governor, they have not established the requisite ‘causal connection’ between the governor’s official conduct and their alleged injuries."
In recent years, the Legislature has provided millions to the jail system for its facilities. And Justice declared a state of emergency regarding corrections staffing in 2022, which allowed the National Guard to provide assistance in the jails. That declaration was ended this spring after Justice said hiring and retention rates had improved. Jail staff members also have received pay raises in recent years.
“While we believe corrections have improved somewhat, there is still $156 million in overdue maintenance,” New said. “Jails and prisons still are understaffed, and some of the facilities remain overcrowded. This issue is far from being fixed.
“We will continue to press this issue. We believe we will be successful on appeal and will keep fighting in this case and the other case we have to protect the rights of the incarcerated.”
