CHARLESTON – The former superintendent of the West Virginia State Police has filed a wrongful termination and retaliation lawsuit against the state.
Jan L. Cahill filed his complaint April 7 in Kanawha Circuit Court against the state and the West Virginia Department of Homeland Security.
Cahill was a State Trooper from 1989 through 2012, when he retired as Troop 6 Commander. After he became head of the State Police in 2017, Cahill says he was able to accomplish many improvements to the operation of the WVSP “despite the contentious relationships that developing during his tenure.”
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In his complaint, Cahill says former Department of Military Affairs and Public Safety Cabinet Secretary Jeff Sandy and former Gov. Jim Justice’s then-Chief of Staff Brian Abraham made working conditions “intolerable.” He accuses them of using his questioning of COVID-related expenses and refusal to assist an unwarranted Fusion Center expansion as motivation to get him removed from his position.
On the day he was announced as the new WVSP superintendent, Cahill says Sandy called him at home to advise Cahill of his “visions, goals and objectives for the State Police,” specifically addressing the West Virginia Intelligence/Fusion Center and “his goal to have its powers expanded and merge the West Virginia State Police Intelligence Exchange into the Fusion Center.”
The mission of the Fusion Center is “to collect, evaluate, analyze and disseminate information and intelligence data regarding criminal and terrorist activity in the State of West Virginia while following Fair Information Practices to ensure the rights and privacy of citizens.”
Cahill says he also received a call from then-Parkersburg Police Chief Joe Martin, who told Cahill he thought Sandy “would try his best to use his position as secretary to discredit, belittle and generally undermine whoever was State Police Supervisor because Jeff Sandy wanted the position.”
Cahill says friction between he and Sandy began almost immediately because Sandy “believed he would be directing the State Police” instead of Cahill.
In a February 16, 2017, email, Sandy expressed frustration to Cahill over his refusal to “deputize” Sandy with the same powers as a State Police officer.
The next month, Sandy again expressed frustration to Cahill in an email about his reluctance to accept Sandy’s plans for the Fusion Center despite advice from several intelligence analysts, including FBI personnel, who said a civilian operated Fusion Center should not act as a law enforcement agency without the oversight of the State Police.
On that same day, Cahill says Sandy also sent an email to Jerry Cole at the U.S. District Attorney’s Office about his displeasure with Cole’s opposition to his Fusion Center plans.
Cahill says Sandy also wanted to set up a digital forensics unit and a Narcotics Investigative Unit in the Fusion Center although both already existed within the State Police.
He says Sandy also advocated for the merger of the West Virginia State Police campus headquarters with the West Virginia Air National Guard base at Yeager Airport because “he and Mr. Cahill needed a bunker-like location to share in the event of a catastrophic event such as a natural disaster.”
Sandy also requested a room at the State Police Academy, according to the complaint, as well as a stenciled parking space alongside State Troopers assigned to the executive protection detail at the governor’s mansion and inclusion on the State Police retired members’ mailing list.
During the COVID-19 pandemic, Cahill says Sandy wanted the Department of Homeland Security to distribute N95 masks and vaccines. And, he says Sandy organized the School Safety Initiative to be under the jurisdiction of the Capitol Police, which handles security needs at the state Capitol.
“Jack Chambers served as the Capitol Police Deputy Director during the initial phase of the School Safety Initiative,” the complaint states. “Former Secretary Sandy did not want any State Police involvement with the School Safety Initiative.”
Chambers later replaced Cahill as the WVSP Superintendent after being appointed to the job by Justice, who signed an executive order in 2018 making the West Virginia Intelligence/Fusion Center “the primary clearinghouse for the State of West Virginia for the collection of, the analysis of and the proper distribution of information and actionable intelligence for the state. … the West Virginia Intelligence/Fusion Center shall be recognized as a criminal justice entity.”
Cahill says Sandy and Abraham asked the State Police help the Fusion Center obtain an Originating Agency Identifier and a Weapons Computer Terminal. He also says Sandy and Abraham communicated often regarding a merger of the Fusion Center and the WVIX “with no State Police oversight.”
He says Abraham was advised by the FBI that the State Police and WVIX would act as the FBI’s primary partner because of a previous compromise of a case by the Fusion Center. He says Abraham also was told Justice’s executive order was “meaningless.”
“After this meeting, former Chief of Staff Abraham appeared to be offended and embarrassed and appeared to be unhappy with the people who attended the meeting, including Mr. Cahill,” the complaint states. “On March 20, 2018, an Internal Department Notice (2018-21) was distributed to the State Police informing them that their first and primary intelligence agency was WVIX.
“Within days of the dissemination of this notice, former Chief of State Abraham and the Governor’s Senior Advisor Bray Cary met with Mr. Cahill and the State Police General Counsel John Hoyer to complain about the notice. Mr. Cahill had to explain that the State Police were not refusing to work with the Fusion Center but would rely primarily on WVIX.”
Cahill says Abraham continued to pursue the issuance of the ORI to the Fusion Center during the 2020 legislative session.
The complaint says Thom Kirk, deputy secretary and general legal counsel for the Department of Homeland Security, testified that there was a lack of an intelligence agency to collect and disseminate information “when, in fact, this was the exact purpose of the WVIX.” It also says WVIX Director Bob Workman asked Jim Light, a former member of the State Police and former investigator, be allowed to testify about the functions of the WVIX. Cahill agreed, according to the complaint.
“After Mr. Light signed in to testify and was observed by former Secretary Sandy and Deputy Thom Kirk, they informed former Chief of Staff Abraham,” the complaint states. “Former Chief of State Abraham contacted Mr. Cahill and told him that it would not be goof for Mr. Cahill if Mr. Light testified. Mr. Light did not testify.”
Cahill says he and his colleagues believed Abraham wanted to bypass the State Police to have the ability to make direct criminal inquiries through the Fusion Center.
Cahill also said there were issues with CARES Act money during the COVID pandemic.
He says he and Major Reggie Patterson met with Abraham on January 25, 2021, when Abraham said the State Police “could attribute their entire payroll to COVID under the CARES Act, but any money received would go to the Governor’s General Revenue.”
In February 2021, Patterson asked Cahill to meet with State Police Comptroller and Director of Accounting Connie Grundy because she had concerns about the advice regarding COVID reimbursements.
Grundy said the governor’s office was relying on advice from the consulting firm of Binder Dijker Otte, which said reimbursement was proper for personnel substantially devoted to COVID.
“Grundy was concerned that the advised reimbursements were $26,000,000 while she calculated the reimbursement to total less than $1,000,000,” the complaint states. “Grandy expressed her belief that the recommended amounts would be inconsistent with the provision of the CARES Act.
“Cahill advised Grundy to list the tangible costs such as gloves, masks, thermometers, sprayers and cleaning supplies along with the payroll of those off from work due to COVID.”
Grundy then received a call from the governor’s office about the low COVID reporting and responded by saying Cahill had told her to submit particular amounts, according to the complaint.
“Cahill received a telephone call from former Chief of Staff Abraham (on February 23, 2021), who was irate regarding the low COVID reporting,” the complaint states. “Former Chief of Staff Abraham directed Cahill to submit the entire payroll, and Cahill complied with the directive.”
Following that, Cahill says he contacted Sandy to explain the conflict and to ask about the BDO consulting firm. Sandy said he thought BDO was reliable, according to the complaint. That resulting in Abraham visiting Cahill in May about the conversation he had with Sandy.
“Former Secretary Sandy misrepresented Cahill’s statements to former Chief of Staff Abraham, and Cahill informed him of this fact,” the complaint states. “Abraham told him that the governor had been informed of the statements and conveyed the governor’s sentiment that if Cahill believed fraud was being committed, Cahill should resign.
“Former Chief of Staff Abraham advised Mr. Cahill that ‘he was either on the team or not’ and should follow all of the governor’s directives.”
Cahill says he told Abraham he didn’t like his statements being misrepresented. The following day, Cahill says he met with Justice, “who appeared to be barely aware of the conflict regarding the COVID reporting.”
“Cahill advised the governor that former Secretary Sandy and former Chief of Staff Abraham had misrepresented Mr. Cahill’s statements regarding the CARES Act funding,” the complaint states. “Mr. Cahill believed that the governor was unconcerned about the conflict.”
Cahill says Abraham again misrepresented to Justice events related to a meeting with the State Police.
“Cahill again talked to the governor, who informed him that former Chief of Staff Abraham told the governor that Mr. Cahill ‘was totally out of control and not a team player,’” the complaint states.
Then, the complaint turns its focus to the fallout from a 2021 incident involving an alleged theft at Mardi Gras Casino and Resort by a former State Trooper and a 2022 anonymous letter detailing “scandal and corruption” with the WVSP involving secret video recordings of women in the State Police Academy locker room.
Sandy received the anonymous letter on July 25, 2022, according to Cahill’s complaint. On February 15, 2023, Cahill says he and the WVSP were “blindsided” by a news report about the letter that included an interview with Sandy.
“Former Secretary Sandy stated that he had already confirmed and substantiated corruption with the State Police stemming from the anonymous letter,” the complaint states. “After contacting the governor, a meeting was set up with former Chief of Staff Abraham.”
At the meeting the next day, Cahill says he never was given a copy of the anonymous letter but was provided a call sheet regarding the situation that occurred at the casino in 2021. Cahill says he wasn’t aware of the casino incident before that meeting.
Then, he says Sandy began sending requests to the WVSP for various records for his investigation “despite publicly announcing that the corruption had been substantiated.”
On March 2, 2023, Abraham wrote a memo requesting text and email information for WVSP headquarters staff for Sandy’s investigation. On March 15, 2023, Abraham issued a press release saying Cahill had failed to follow through with the termination of troopers involved in the Mardi Gras incident.
On March 19, 2023, Cahill learned Abraham was planning to send him a text informing him he had been terminated. Instead, Cahill says he demanded to meet with Justice the next day where Justice said Abraham and Sandy were demanding he be removed from the job. He says Justice cited the Mardi Gras incident and the lawsuits stemming from the academy recordings.
“Cahill advised the governor that he recording incidents occurred years earlier during the previous administration and, based upon the lack of evidence remaining, nothing could be done,” the complaint states. “Cahill perceived that his position would be terminated at the request of former Secretary Sandy and former Chief of Staff Abraham and that the governor would not accept any reasonable explanation for Mr. Cahill’s actions.”
Cahill says he resigned and/or was constructively discharged March 20, 2023. He says no reasonable basis existed for his constructive discharge.
He also notes state Senate Finance Committee Chairman Eric Tarr requested a federal investigation into the handling of CARES Act funding. And he says Abraham made a televised Power Point presentation a few days later with an inaccurate depiction of the Mardi Gras incident.
Cahill accuses the defendants of constructive discharge and whistleblower retaliation. He seeks compensatory damages and further relief.
He is being represented by Stephen P. New and Emilee B. Wooldridge of Stephen New & Associates in Beckley. The case has been assigned to Circuit Judge Richard D. Lindsay.
Kanawha Circuit Court case number 25-C-463