Justice Class Action Lawsuit Dismissed | News, Sports, Jobs

Contributed photo A class action lawsuit filed against Gov. Jim Justice and another official over conditions in West Virginia prisons and jails was dismissed Tuesday.

CHARLESTON — A class action lawsuit filed last August against Gov. Jim Justice and the head of the department that oversees the Division of Corrections and Rehabilitation over conditions in West Virginia prisons and jails was dismissed Tuesday.

U.S. District Court Judge Irene Berger on Tuesday afternoon granted motions to dismiss a lawsuit filed by several inmates against Justice and Homeland Security Cabinet Secretary Mark Sorsaia.

In her memorandum opinion and order, Berger said the inmates — represented by Stephen New of Beckley-based New Taylor and Associates — should have sued the Division of Corrections and Rehabilitation (DCR) over complaints about prison conditions. She also said the West Virginia Legislature should have sued because it is responsible for passing the general revenue budget that funds DCR.

“Plaintiffs cite the Governor’s pardon and budget powers as evidence of his direct control over West Virginia’s correctional facilities.” Berger wrote. “None of these, however, are sufficient to establish a ‘causal link’ between his conduct and his alleged injuries, nor can they guarantee that an injunction against the Governor is likely to remedy the allegedly unconstitutional conditions of confinement.”

“…the text of the complaint suggests that plaintiff’s injuries are traceable and remediable through independent action by the state legislature and the DCR Commissioner, neither of whom is a party to this case,” Berger continued. “Accordingly, to the extent Plaintiffs rely on Governor Justice’s general law enforcement powers and duties as governor, they have failed to establish the requisite ‘causal connection’ between the Governor’s official conduct and their alleged injuries…”

Last August, several inmates filed a class action lawsuit in the U.S. District Court for the Southern District of West Virginia against Justice and Sorsaia, accusing the state of understaffing, overcrowding and maintenance delays at 11 state prisons, 10 regional detention centers, 10 juvenile detention centers and three forced labor centers.

The inmates are accusing the state of violating their constitutional rights under the Eighth Amendment against cruel and unusual punishment. They are seeking a judgment in their favor and an order requiring the state to spend no less than $330 million to staff and maintain the state’s entire prison system from available funds or through appropriations bills.

Justice is fighting attempts by inmate lawyers to force him and Chief of Staff Brian Abraham to testify. Justice’s lawyers filed a response Monday to a renewed motion for a protective order to stop the governor and Abraham from making the decision and requiring written disclosure. The renewed motion was filed June 10.

“Plaintiffs have failed to meet their burden of proof to establish extraordinary circumstances necessary to compel the testimony of the Governor of West Virginia.” wrote Michael Hissam, an attorney at Justice. “Considerations of federalism, separation of powers, and state sovereignty immunity strongly militate against a federal court ordering the governor of a sovereign state to testify about his policy decisions.”

Among the information the inmates are seeking are documents and testimony about decisions made by the Supreme Court and state officials regarding the use of $1.25 billion the state received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act in 2020.

According to the State Auditor’s Office, CARES Act funds were used to reimburse COVID-19 testing, personal protective equipment and payroll expenses for departments and agencies — such as DCR. The Governor’s Office says all information regarding CARES Act spending and other spending decisions is public and that the governor’s testimony is not necessary.

“Spending decisions are a public matter” Hissam wrote. “On the other hand, the Governor’s thought processes that led to these decisions are not only irrelevant to Plaintiffs’ claims for unconstitutional conditions of confinement, but they are also entirely indisclosed under the deliberative (or executive) privilege. So even if this information was indirectly relevant, it could hardly be considered ‘necessary’ or ‘essential’…”

The dispute involves the use of CARES Act dollars for the Marshall University baseball field. The state had $28.4 million left in CARES Act money. That money was transferred to the Governor’s Office Gifts, Grants, and Donations Fund, a special revenue fund, according to the State Auditor’s Office.

Of that $28 million, $10 million in remaining CARES Act funds transferred to the fund were used in conjunction with a $3.8 million economic recovery grant from the state Water Development Authority for the Marshall University baseball stadium project. During testimony before the committee, an official from the Governor’s Office said the state directly reimbursed DCR $28.4 million for COVID-related expenses, freeing up $28.4 million in CARES Act funds to be transferred to the Donations, Grants, and Donations Fund.

A request for comment Tuesday from the prisoners’ lawyers on Berger’s dismissal of their lawsuit was not immediately returned.

Breaking news and more in your inbox