FAYETTEVILLE, WV (LOOTPRESS) – Anthony Ciliberti, Jr., Prosecuting Attorney, announces that on March 13, 2024, Frank W. Volk, United States District Court Judge for the Southern District of West Virginia, entered an order dismissing all claims made by Southern Regional Jail inmates against Fayette County, West Virginia and the six other counties that utilize the Southern Regional Jail.
In his decision, Judge Volk noted that “Plaintiffs (the inmates) have utterly failed to provide a plausible foundation for holding the County Defendants liable for the alleged federal constitutional claims.”
More importantly, Judge Volk noted that “…the county commissions do not own, operate, maintain, or administer regional jails.”
Although recognizing that at one point
each county in the West Virginia owned and operated its own county jail, Judge Volk correctly noted that the 55 independently operated county jails were gradually replaced with a statewide network of regional jails which are operated by the West Virginia Division of Corrections and Rehabilitation.
Judge Volk continued by concluding that “West Virginia does not impose any duty upon the County Defendants to operate their own jails or provision the regional facilities like (the Southern Regional Jail).
Judge Volk ordered the claims against Fayette County, and the other counties, be dismissed with prejudice meaning the claims could not be raised again on a later date.
Judge Volk did give the plaintiffs until March 20, 2024 to object to the dismissal being with prejudice.
Recent events at the Southern Regional Jail are concerning to both the Fayette County Commission and the Office of the Prosecuting Attorney for Fayette County. However, conditions at the Southern Regional Jail are completely outside the control of both the Fayette County Commission and the Office of Prosecuting Attorney for Fayette County.
The only involvement the Fayette County Commission has with the operation of the Southern Regional Jail is monitoring of and payment of the cost for housing inmates.
The West Virginia Division of Corrections and Rehabilitation is solely responsible for the operation and maintenance of the Southern Regional Jail and it is our most sincere hope that the recent litigation will result in improved conditions at the Southern Regional Jail.
