A filing today in federal court points toward a resolution, at least in part, of a lawsuit over conditions at Southern Regional Jail.
U.S. District Judge Frank Volk scheduled a hearing for 12:30 p.m. Thursday in federal court in Beckley.
The judge’s scheduling order made reference to communication between plaintiffs and attorneys representing the state, who indicated they “have reached a resolution of this matter.”
The lawsuit filed in September 2022 is a class action against Southern Regional Jail, the West Virginia Division of Corrections and every county commission that pays Southern Regional to house inmates.
The communication cited by the federal judge indicates the proposed resolution does not include the counties or medical providers.
The court record shows that several planned depositions are now being canceled. Those include depositions that would have been conducted with the state corrections commissioner and the current homeland security secretary.
The class action lawsuit alleges a range of inhumane conditions at Southern Regional Jail including overcrowded spaces, crumbling plumbing, inmates sleeping on mats soaked with water from leaks, some being forced to sleep on concrete floors, poor air quality because of black mold and food that is spoiled or spread thin.
The conditions — particularly the crowding — results in heightened risk of violence or sexual assault, the lawsuit contends. And the lawsuit alleges inmates are beaten regularly for attempting to file a grievance, for talking back, for refusing orders or for voicing complaints.
U.S. Magistrate Judge Omar Aboulhosn recommended default judgment in the lawsuit. The judge’s fiery recommendation was prompted by testimony over lost or destroyed potential evidence — including emails, cell phone messages, security video and inmate grievances — that could shed light on what jail conditions truly are and how seriously state officials take those conditions.
Another thread of conflict has been over whether Gov. Jim Justice and his chief of staff, Brian Abraham, should have to sit for depositions or turn over documentation in the case.