Judge dismisses federal lawsuit over West Virginia prison and jail conditions
CHARLESTON, W.Va. — A federal judge has dismissed a lawsuit seeking to force West Virginia to spend $330 million to improve prison conditions across the state and fill vacancies.
U.S. District Judge Irene Berger ruled Tuesday in Beckley in favor of motions by Gov. Jim Justice and Homeland Security Secretary Mark Sorsaia to dismiss the lawsuit.
The lawsuit was filed in August 2023 by inmates at the maximum-security Mount Olive Correctional Complex in Fayette County and the Southwestern Regional Jail in Logan County, and on behalf of a minor at a detention center in Boone County.
Berger ruled that the plaintiffs had no interest in pursuing the lawsuit. He found that there was no direct connection between Justice and Sorsaia’s actions and the lawsuit’s allegations that overcrowding was ignored and that regular funding was not provided for the facility’s maintenance.
While the plaintiffs demanded that surplus funds from the state budget be spent to address prison staffing and maintenance backlogs at jail and prison facilities, “Minister Sorsaia’s budgetary authority only extends so far,” as it requires legislative approval, Berger wrote.
Berger also said she could not order the Republican governor to use his discretionary power to commute sentences and pardon inmates to address overcrowding.
In May, Justice ended a nearly two-year state of emergency Overstaffing at the state Department of Corrections and Rehabilitation. The state National Guard was deployed to help stem the staff turnover in prisons. Last summer, the vacancy rate was more than 30 percent. Just over 730 National Guard members worked in 17 correctional facilities while the state of emergency was in effect.
Gen. William E. Crane, adjutant general of the state National Guard, said nearly 240 people have graduated from the state prison academy since January, while 38 National Guard members who were supposed to work in the prisons decided to stay permanently.
Last summer, state lawmakers approved more than $21 million in pay raises for corrections officers during a special session, along with two one-time bonuses of $2,294 for other non-corrections officers, such as kitchen staff.
Last year the state agreed to pay $4 million to settle a separate class action lawsuit filed by inmates about conditions at the Southern Regional Jail in Beaver.