Lawsuit Background
A federal judge has dismissed a lawsuit that sought to compel West Virginia to spend $330 million to improve prison and jail conditions and address worker vacancies. The lawsuit, filed in August 2023, represented inmates at the maximum-security Mount Olive Correctional Complex in Fayette County, the Southwestern Regional Jail in Logan County, and a juvenile at a detention facility in Boone County.
Court Ruling
U.S. District Judge Irene Berger ruled in Beckley on Tuesday in favor of motions by Governor Jim Justice and state Homeland Security Secretary Mark Sorsaia to dismiss the lawsuit. Berger found that the plaintiffs had no standing to pursue the case, stating there was no direct connection between the conduct of Justice and Sorsaia and the allegations in the lawsuit.
Key Points of the Ruling
Berger noted that the plaintiffs failed to demonstrate that overcrowding and insufficient funding for facility upkeep were directly linked to the actions of Justice and Sorsaia. The judge highlighted that Secretary Sorsaia’s budget authority is limited and requires legislative approval for additional funding.
Additionally, Berger indicated that she could not mandate Governor Justice to use his discretionary powers to commute sentences or pardon inmates as a means to address overcrowding.
State Actions on Corrections Staffing
In May, Governor Justice ended a nearly two-year state of emergency over staffing in the state Division of Corrections and Rehabilitation. During this period, the National Guard was deployed to help mitigate worker attrition at jails and prisons. At the height of the crisis, the vacancy rate was over 30%, with more than 730 National Guard members assisting in 17 correctional facilities.
Legislative Measures
Last summer, state lawmakers approved over $21 million for correctional officer pay increases and two one-time bonuses of $2,294 for other jail staff who are not correctional officers, such as kitchen staff. Additionally, Gen. William E. Crane, the state National Guard’s adjutant general, reported that nearly 240 individuals had graduated from the state’s corrections academy since January, with 38 National Guard members choosing to stay on permanently.
Previous Settlement
In a related matter, the state agreed last year to pay $4 million to settle a separate class-action lawsuit filed by inmates over conditions at the Southern Regional Jail in Beaver.
