A federal judge has dismissed a class action lawsuit over conditions in the state’s jails system, saying the governor and state homeland security secretary aren’t the appropriate defendants who could take specific action to alleviate the allegations.
“While we’re pleased that the case was dismissed on legal grounds regarding standing, we were certain that any time in the future we would have prevailed factually because the case was premised on misinformation that was put out at various times in the past,” Brian Abraham, the governor’s chief of staff, said Wednesday.
Attorney Steve New, representing a class of incarcerated West Virginians, said the ruling will be appealed. He described improvements in the jails system under Corrections Commissioner William Marshall, but he said the state needs to be under pressure for more advancement.
“Corrections still has $156 million in overdue maintenance. Still 350 uniformed officers short. Facilities are still overcrowded. Corrections has improved under Billy Marshall and for that we are thankful. But it is far from fixed. We believe we will be successful on appeal and will keep fighting in this case and the numerous other cases we have to protect the rights of the incarcerated,” New said.
U.S. District Judge Irene Berger of the Southern District of West Virginia issued a dismissal order Tuesday.
Gov. Jim Justice and Homeland Security Secretary Mark Sorsaia were sued in their official capacities, a contention that they are the state officials with ultimate authority over maintenance and operation of correctional facilities.
The lawsuit was filed last year by a class of plaintiffs represented by people incarcerated at Mount Olive Correctional Center, Southwestern Regional Jail and the Donald Kuhn Juvenile Center.
The plaintiffs, on behalf of all people incarcerated in West Virginia facilities, contended that state officials failed to alleviate overcrowding, understaffing and deferred maintenance over more than a decade’s time. The result, they contended, was inhumane conditions of confinement and deliberate indifference to health and safety in violation of the 8th and 14th Amendments to the U.S. Constitution.
The lawsuit had asked for remedies, including at least $270 million in spending on deferred maintenance at corrections facilities and at least $60 million for hiring corrections staff.
Attorneys for Justice and Sorsaia each argued that the plaintiffs could not establish harm traceable to their conduct or that problems could be alleviated by a ruling against the governor or secretary. Sorsaia, for example, noted that he doesn’t have the authority to appropriate funds, which is a legislative function.
Judge Berger concluded “that the Plaintiffs lack standing to pursue this action against Governor Justice. The plaintiffs point to the Governor’s pardon and budget powers as evidence of his direct control over West Virginia’s correctional facilities. However, neither is sufficient to establish a ‘causal connection’ between his conduct and the injuries alleged, nor can either assure that an order against the governor is likely to remedy the alleged unconstitutional conditions of confinement.”
Berger continued by writing that the plaintiffs’ complaint suggests the cited problems could be addressed through independent action of the Legislature and the state corrections commissioner, neither of whom are named in the lawsuit.
“Thus to the extent the plaintiffs rely on Governor Justice’s general law enforcement powers and duties as governor, they have not established the requisite ‘causal connection’ between the governor’s official conduct and their alleged injuries.”
The state legislature has allocated millions of dollars for corrections facilities. The Justice administration declared emergency over corrections staffing almost two years ago, allowing National Guard members to provide support roles in jails, and then withdrew the declaration this spring as hiring and retention improved. Corrections staff have also received a series of pay improvements in recent years.
Abraham, in his comments Wednesday, contended the lawsuit was based on outdated assumptions. For example, he pointed toward a deferred maintenance estimate of $270 million made by corrections officials in 2022.
“Much of their case was based upon what the stated needs were year after year after year as they made their budget proposals, and our administration determined — including the new commissioner of corrections — that much of that was overstated or simply inaccurate,” Abraham said.
Abraham said he believes the state of West Virginia runs a humane, safe and adequate corrections system.
“I do, and as a former prosecuting attorney and an attorney representing criminal defendants for nearly a decade I understand those constitutional obligations and we take them very seriously. I believe we have a great commissioner of corrections now, and he has remedied so many problems that existed under the former commissioner and her former staff that we’re really making headway and doing great things.
“We have over $50 million in projects underway to make repairs to the jails. But you have to understand it’s a balancing test for the governor and the legislature as to how things are funded. So we have to look at priorities on every given year.”
