By Steven Allen Adams, The Parkersburg News and Sentinel
CHARLESTON, W.Va. — More than one week after being accused of intentionally destroying emails and other documents in a federal class action lawsuit, a settlement has been reached between inmates at the Southern Regional Jail and current and former West Virginia corrections officials.
Meanwhile, Gov. Jim Justice filed a motion Monday to dismiss a separate class action lawsuit aimed at West Virginia’s entire corrections system.
According to an order filed Tuesday by U.S. District Judge Frank W. Volk, attorneys representing Michael Rose and Edward Harmon – two inmates at the Southern Regional Jail (SJR) near Beckley – reached a settlement with attorneys representing former Division of Corrections and Rehabilitation interim commissioner Brad Douglas, former DCR commissioner Betsy Jividen, current interim DCR Commissioner William Marshall, former Department of Homeland Security secretary Jeff Sandy, and former Southern Regional Jail superintendent Michael Francis.
Volk scheduled a status conference in the case between the parties Thursday at 12:30 p.m. There were no details about the settlement other than that a limited fund class action will be involved, defined by the University of North Carolina School of Law as a mandatory settlement which provides no option to opt out for claimants in the class action lawsuit.
“Plaintiffs and the State Defendants (Jividen; Sandy; Douglas; Marshall; and Francis) have reached a resolution of this matter,” Volk wrote. “These parties believe that this resolution will require the formulation of a Limited Fund Class Action and ultimately approval of the Court.”
