BECKLEY, WV (LOOTPRESS) – A federal lawsuit has been filed in the United States District Court for the Southern District of West Virginia by the office of attorney Stephen P. New seeking declaratory and injunctive relief for currently incarcerated inmates in state prison facilities, jail facilities, and juvenile centers throughout West Virginia.
Plaintiffs Thomas Sheppheard, Tyler Randall, and a juvenile in the state’s custody, are bringing the lawsuit against Governor James C. Justice Jr. and Mark Sorsaia, the Cabinet Secretary of the West Virginia Department of Homeland Security.
The lawsuit centers on allegations of violations of the Eighth and Fourteenth Amendments of the United States Constitution and the Civil Rights Act, specifically 42 U.S.C. § 1983.
The plaintiffs argue that the pervasive and unconstitutional conditions of overcrowding, understaffing, and deferred maintenance in West Virginia’s correctional facilities are in violation of inmates’ constitutional rights.
These conditions, as per the lawsuit, evidence the state’s deliberate indifference to the health and safety of the inmates.
The lawsuit asks that Gov. Justice to allocate a portion of the state’s current $1.8 billion surplus to help with the issues currently facing West Virginia jails, prisons, and juvenile centers.
Plaintiffs Thomas Sheppheard, Tyler Randall, and the juvenile in the state’s custody, are currently incarcerated in various correctional facilities within West Virginia.
They claim that the state’s prison, jail, and juvenile center facilities are plagued by overcrowding, understaffing, and deferred maintenance, resulting in unacceptable living conditions.
Governor Jim Justice is named as a defendant in his official capacity as the elected Governor of West Virginia. The lawsuit alleges that he is responsible for submitting budgets for consideration and overseeing various executive functions, including corrections.
Cabinet Secretary Mark Sorsaia, who was the Cabinet Secretary of the West Virginia Department of Homeland Security, is also named as a defendant. He is responsible for providing support, oversight, and guidance to the West Virginia Division of Corrections and Rehabilitation.
The plaintiffs assert that the State of West Virginia has failed in its duty to provide appropriate and humane conditions of confinement for inmates. The lawsuit claims that inmates are subjected to living conditions that lack basic necessities such as beds and bedding, proper food, access to drinking water, hygiene products, toilets, showers, and laundry facilities.
Furthermore, the correctional facilities are reported to be plagued by issues like mold, sewage, rodents, insects, and other contaminants.
Moreover, the lawsuit contends that the state has not addressed the ongoing issues of overcrowding, understaffing, and proper maintenance in its correctional facilities for over a decade. The facilities mentioned in the lawsuit include a range of prisons, jails, and juvenile centers across West Virginia.
The plaintiffs are seeking declaratory and injunctive relief to rectify these alleged unconstitutional conditions and ensure the well-being and safety of inmates within West Virginia’s correctional facilities.
The lawsuit underscores concerns about the conditions faced by inmates in West Virginia’s correctional facilities. Plaintiffs argue that overcrowding, understaffing, and deferred maintenance have led to pervasive and unconstitutional conditions.
With this lawsuit, they aim to bring about changes that will ensure the inmates’ rights are upheld, and their living conditions meet the minimal civilized measure of life’s necessities.
As the legal proceedings progress, the court will determine whether the allegations put forth by the plaintiffs warrant the requested relief.