By Steven Allen Adams, The Parkersburg News and Sentinel
CHARLESTON, W.Va. — A federal judge granted a motion for sanctions Wednesday against the West Virginia Department of Health and Human Resources after it was discovered that the department did not keep emails and other electronically stored documents being sought in a class action lawsuit for the state’s foster care system.
U.S. District Judge Joseph Goodwin issued an order Wednesday morning granting the motion for sanctions being sought Tuesday by attorneys representing 12 foster children against DHHR.
Goodwin granted the motion in its entirety, which accuses DHHR of “deliberate indifference” to due process claims brought by the attorneys for the foster children and prohibits DHHR from moving for summary judgment regarding those specific due process claims. It also prohibits attorneys for DHHR from arguing that now-deleted emails would show that DHHR did not act with deliberate indifference.
According to a memorandum of law filed by attorneys with the Shaffer and Shaffer law firm, A Better Childhood, and Disability Rights West Virginia in support of the motion for sanctions, DHHR confirmed in prior filings and hearings that emails and other electronically stored documents being sought through discovery in the class action lawsuit no longer exist.
