By Steven Allen Adams, The Parkersburg News and Sentinel
CHARLESTON, W.Va. — A federal magistrate judge has scheduled a hearing to consider a motion for sanctions against the West Virginia Department of Health and Human Resources over the deletion of emails from top former officials.
U.S. Magistrate Judge Cheryl Eifert issued an order Monday scheduling a hearing for 1:30 p.m. Thursday, Jan. 11, at the Sidney L. Christie Federal Building and Courthouse in Huntington on the motion for sanctions against DHHR brought by attorneys representing West Virginia’s foster children in a federal class action lawsuit.
Last week, one of the attorneys representing 12 children in the state’s foster system filed a declaration in support of an Oct. 25 motion for sanctions against DHHR. Marcia Robinson Lowry, an attorney and executive director of A Better Childhood, introduced additional testimony and exhibits to back up the request for sanctions.
Lowry submitted three exhibits, including testimony from Danielle Cox, the chief security officer for the state Office of Technology, and Michael Folio, the legal director for Disability Rights West Virginia and a former DHHR assistant general counsel.
A Better Childhood, Disability Rights West Virginia and attorneys with the Shaffer and Shaffer law firm are seeking sanctions after attorneys for DHHR admitted in an Oct. 6 letter that emails for seven former officials had been deleted by the Office of Technology (OT) — the state’s internet service provider — even after deposition holds were requested by DHHR.
