By Steven Allen Adams, The Parkersburg News and Sentinel
CHARLESTON, W.Va. — A class action lawsuit filed last August against Gov. Jim Justice and the head of the department that oversees the Division of Corrections and Rehabilitation over the conditions of jails and prisons in West Virginia was dismissed Tuesday.
U.S. District Court Judge Irene Berger granted motions Tuesday afternoon to dismiss a case brought by several inmates against Justice and Department of Homeland Security Cabinet Secretary Mark Sorsaia.
In her memorandum opinion and order, Berger said that the inmates – represented by Stephen New of Beckley-based New Taylor and Associates – should have filed suit against the Division of Corrections and Rehabilitation (DCR) regarding their complaints about jail and prison conditions. She also said the West Virginia Legislature should have been sued, as they have the responsibility of passing the general revenue budget that funds DCR.
“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. “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.“
…the text of the Complaint suggests that the Plaintiffs’ injuries are traceable to and redressable by the independent action of the state Legislature and Commissioner of DCR, neither of which are parties to this matter,” Berger continued. “Thus, to the extent the Plaintiffs rely on Governor Justice’s general law enforcement powers and duties as governor, they have not established the requisite ‘causal connection’ between the Governor’s official conduct and their alleged injuries…”
A class action lawsuit by several inmates was filed last August in the U.S. District Court for the Southern District of West Virginia against Justice and Sorsaia accusing the state of understaffing, overcrowding and delays of deferred maintenance for the state’s 11 prisons, 10 regional jails, 10 juvenile centers and three work-release sites.
