By Steven Allen Adams, The Parkersburg News and Sentinel
CHARLESTON, W.Va. — Attorneys for Gov. Jim Justice, trying to make the case why he should be dismissed from a federal class action lawsuit over conditions in West Virginia’s jails and prisons, argued last week that inmates are trying to put the federal courts in charge of the state’s correctional system.
In a reply filed Dec. 1 supporting a motion to dismiss Justice from a class action lawsuit filed in August by attorneys representing inmates across the entire spectrum of the state’s correctional system, the governor argues the lawsuit is an attempt to strip oversight by the state of its jails, prisons, and juvenile centers.
“Plaintiffs are attempting to oversee both the administration and public funding of all state correctional institutions in West Virginia by employing the power of the federal court as the ultimate superintendent,” wrote Michael Hissam, an attorney representing Justice. “For many reasons, the claim alleged against the Governor in his official capacity is defective as a matter of law and must be dismissed.”
The class action lawsuit filed Aug. 8 in the U.S. District Court for the Southern District of West Virginia against Justice and Department of Homeland Security Cabinet Secretary Mark Sorsaia accuses the state of understaffing, overcrowding and delays of deferred maintenance for facilities. The state is accused of violating the Eighth Amendment constitutional rights of inmates against cruel and unusual punishment.
The inmates are seeking a ruling in their favor and an order to require the state to spend no less than $330 million on staffing and maintenance for the state’s entire system of 11 prisons, 10 regional jails, 10 juvenile centers and three work-release sites with available funds or by submitting appropriations bills between now and the next legislative session beginning in January.
