Judge dismisses lawsuit against Justice, Sorsaia over West Virginia jails conditions

Southern Regional Jail in Beaver, W.Va. (Chris Jackson | West Virginia Watch)

A federal judge has dismissed a lawsuit against state leaders over conditions in West Virginia jails. 

United States District Judge Irene Berger issued the order Tuesday, finding that the plaintiffs do not have standing to bring the lawsuit against defendants Gov. Jim Justice and West Virginia Department of Homeland Security Secretary Mark Sorsaia. 

“The Plaintiffs point to the Governor’s pardon and budget powers as evidence of his direct control over West Virginia’s correctional facilities,” Berger wrote in her order. “However, neither is sufficient to establish a ‘causal connection’ between his conduct and the injuries alleged, nor can either ensure that an order against the Governor is likely to remedy the alleged unconstitutional conditions of confinement.”

Justice and Sorsaia were sued in their official capacity. 

“The Plaintiffs allege that Secretary Sorsaia ‘is charged with providing support, oversight, and guidance to the West Virginia Division of Corrections and Rehabilitation,” Berger wrote. “However, this general duty does not provide a sufficient ‘causal connection’ between the Plaintiffs’ alleged injuries and Secretary Sorsaia’s conduct.”

The lawsuit was filed in August on behalf of Thomas Sheppheard, an inmate at Mt. Olive Correctional Complex; Tyler Randall, an inmate at Southwestern Regional Jail; and a juvenile identified only as J.P., an inmate at Donald R. Kuhn Juvenile Center, and others who are similarly situated. It sought to require the state of West Virginia to fix overcrowding, understaffing and deferred maintenance at correctional facilities across the state. 

“Defendants have subjected inmates housed at all the state’s correctional facilities and other such facilities throughout the State of West Virginia, including Plaintiffs, to inhumane living conditions, deprived them of basic human necessities, and acted with deliberate indifference towards the health and safety of inmates,” the lawsuit claimed. “Jail overcrowding that causes inmates ‘to endure genuine privations and hardship over an extended period of time’ may give rise to violations of the Eighth and Fourteenth Amendments.”

Plaintiffs are represented by Beckley attorney Stephen New. New said Wednesday he would appeal the judge’s decision. 

“We intend to appeal to the 4th Circuit,” New wrote in an email. “While we believe Corrections has improved somewhat, there is still $156 million in overdue maintenance, jails and prisons are still understaffed and some of the facilities remain overcrowded. We will continue to press this issue.”

The governor’s office did not immediately respond to West Virginia Watch’s request for comment Wednesday. 

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