Attorney for inmates vows to appeal decision in lawsuit against governor, commissioner

BECKLEY, WV (WVNS) — A lawsuit against West Virginia Governor Jim Justice and West Virginia Department of Homeland Security Secretary Mark Sorsaia was dismissed earlier this week, but an attorney for the plaintiffs said on Wednesday, July 3, 2024, that he plans to appeal.

The lawsuit alleges that more than 10,000 inmates across West Virginia were exposed to inhumane conditions in the state’s jails, prisons, and juvenile facilities due to staffing shortages and lack of maintenance.

The lawsuit was filed on behalf of an inmate at the Mount Olive Correctional Complex, an inmate at Southwestern Regional Jail, and a juvenile at the Don R. Kuhn Juvenile Center.

The judge overseeing the case ruled allegations of injuries made to the plaintiffs could be traced to the actions of the state Legislature and State Division of Corrections officials and not the governor and the Homeland Security Secretary.

Stephen P. New, the Beckley attorney who filed the lawsuit in August 2023, said that he plans to appeal the dismissal to the Fourth Circuit Court of Appeals of the United States.

“There is still $165 million in overdue maintenance,” New said Wednesday. “Jails and prisons are understaffed, and some of the facilities remain overcrowded. We will continue to press this issue.”

New said lawmakers had made some changes to the correctional facilities in the state but that they were not adequate.

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