CHARLESTON, W.Va – Former West Virginia State Police superintendent Jan Cahill’s lawsuit against the state has been dismissed by a Kanawha County Circuit judge.
Cahill resigned as superintendent in March 2023 and filed the suit in April of this year, alleging he was forced to step down by members of then-Governor Jim Justice’s administration as retaliation for objecting to what he perceived as improper use of the Coronavirus Aid, Relief, and Economic Security Act, as well as the expansion of the West Virginia Intelligence/Fusion Center without proper oversight.
Judge Richard Lindsay heard arguments Thursday morning and ruled that his court did not have jurisdiction over the case, as its respondents were not properly informed of the suit’s existence. Attorney Kayla Reynolds represented the state of West Virginia and the state Department of Homeland Security and argued that written notice of the lawsuit was not sent to the proper parties before its filing.
West Virginia code requires that when an individual sues a state agency, the head of that agency must be notified in writing.
“The only individual who he sent notice to, who the plaintiff sent notice to, other than the attorney general, is the governor, and in the statute, if the legislature wanted to say, ‘You can tell the governor who you’re going to sue, and the governor will disseminate it accordingly,’ they could have. That’s not what happened,” Reynolds said.
Cahill’s attorney, Stephen New, did not dispute the state’s claim that the statute was not properly followed because the DHS secretary was not notified, but he did put forth that, in his view, Cahill had met the standard of substantial compliance through notifying the attorney general, one of the two parties required by the law.
He also asked that if the court should dismiss the case, that it be done without prejudice.
“Let that be without prejudice such that the Savings Statute applies and Mr. Cahill, complying with the statute, to provide the notice to the agency head now that I understand has, yet again, changed,” he said.
Judge Lindsay made a quick ruling from the bench that sided with the state’s interpretation of the law.
“On two separate occasions, notices were provided to both the attorney general and the governor, not to the Department of Homeland Security, not even to the state police. That is a violation of West Virginia Code 55-17-1,” he said.
However, in dismissing the case, he granted New’s request that it be done without prejudice so that Cahill may choose to refile the suit in the future.
“The defendant’s motion to dismiss, compliant to the dismissal, will be without prejudice. I want to make that clear because then that provides the plaintiff with the opportunity to refile,” Judge Lindsay said.
The state’s separate argument that the lawsuit was not filed within the statute of limitations for Cahill’s claim was not part of the hearing on Thursday, and Judge Lindsay indicated that it could be taken up if Cahill chooses to refile the suit.