BEAVER, WV (LOOTPRESS) – A tentative settlement in the amount of $4 million was presented on Thursday with regard to a class action lawsuit alleging inhumane living conditions and unethical treatment incurred by inmates at Southern Regional Jail.
United States District Judge Frank Volk presided over Thursday’s hearing, which saw the delineation of a potential settlement which would trigger four distinct insurance policy timeframe periods in the aggregate amount of $4 million.
Beckley attorney and city councilman Robert Dunlap, who has been an integral figure in the ongoing pursuit of justice for those impacted by the purported practices of the corrections facility, says that it is important to note that the proposed settlement should not be perceived as a conclusion to ongoing litigation against Southern Regional.
“It’s imperative that people know that this is just ‘phase one,'” Dunlap tells LOOTPRESS. “This doesn’t resolve the case. It ultimately allows us to move on to the next phase of the case and make sure that we do everything we can to improve the conditions for all the individuals that are residing [at SRJ] and have no voice.”
With regard to “phase 2,” the mayoral candidate advises that the process of continuing to explore allegations against the facility is already well underway.
“We’ve already started and we’re already we’re already engaging in [that process,]” he explains. “In fact, this week there are other depositions taking place in those other cases, so it’s full throttle.”
Commending the efforts of those working alongside him in the ongoing effort to achieve transparency regarding the staggering allegations against Southern Regional Jail, Dunlap reiterates that the case itself is far from over and expresses pride in all that has been accomplished thus far.
“Ultimately this is just ‘phase one.’ The case is going to continue against the other defendants, and I’m incredibly proud of the work that Steve New and Tim Lupardus’s teams have engaged in,” he declares. “The reason we practice law is to help people and make people’s lives better. So, I’m incredibly happy with the work that we’ve done and the justice that I believe we’re going to be able to bring a lot of folks.”
A decision from the courts regarding the proposed $4 million settlement is expected to be revealed in December, says Dunlap who, alongside co-council Steve New, addressed the alleged conditions within the facility at a briefing in March.
“We absolutely stand in solidarity with these families, the families of others who have lost loved ones in jails in West Virginia this year, and we stand in solidarity with those who are behind bars in substandard, unconstitutional conditions,” declared New during the briefing earlier this year.
“Change needs to happen,” he continued. “It can either happen as a result of legislation, or it’s going to happen as the result of litigation. Either way, it’s going to happen.”
Wexford Medical, PrimeCare Medical, and related entities are expected to take centerstage in later stages of the proceedings for their involvement in the perpetuation of unethical practices beyond the walls of the corrections facility.
Reports from the Associated Press on Wednesday point to, “a lack of access to water and food at the facility, as well as overcrowding and fights that were allowed to continue until someone was injured,” as significant allegations being levied against the Southern Regional Jail.
Last week, following a federal magistrate judge’s citing of, “’intentional” destruction of records’ at SRJ, Homeland Security Chief Counsel Phil Sword and Division of Corrections and Rehabilitation Executive Officer Brad Douglas were reportedly fired from their positions. Former Southern Regional Jail superintendent Mike Francis and Assistant Corrections Commissioner William Marshall have since been appointed.
Concern for conditions within corrections facilities throughout the state has been a longstanding issue among West Virginia residents, with many taking it upon themselves to reach out to state leaders for answers.
House of Delegates member Elliot Pritt, in an April interview with LOOTPRESS, disclosed that several constituents – including multiple individuals employed within the state corrections system – had drafted letters to the Delegate calling for action.
“They’re telling me that not only are there staffing issues and safety concerns, but it’s a hostile work environment where people are scared to speak up,” said Pritt. ““The emergency buttons on their radios don’t work, magnetic locks aren’t working; They’re so understaffed they can’t search inmates for alcohol or drugs or paraphernalia, so a lot of the inmates are routinely drunk and high and there’s nothing they can do about it because there’s not enough people to monitor the situation, which makes it even more dangerous.”
With regard to the impact of internal conditions as pertaining to inmates throughout the state, Delegate Pritt noted that consequences enacted by the court system should not be compounded by deplorable living conditions within assigned facilities which have led to the deaths of multiple inmates in recent years.
“Yes, many of these people did commit crimes, but they did not commit crimes that were worthy of the death penalty,” he asserted. “Them dying really is a blot on the conscience of our state.”
Delegate Pritt also disclosed that he had personally penned a letter to Governor Jim Justice regarding facility conditions within the state corrections system. Governor Justice himself has assured that investigations into these allegations have been conducted by Homeland Security, who in turn have purportedly reported no such internal issues.