Current:Home > MyUS magistrate cites intentional evidence destruction in recommending default judgment in jail suit -WealthMindset
US magistrate cites intentional evidence destruction in recommending default judgment in jail suit
View
Date:2025-04-12 15:04:30
CHARLESTON, W.Va. (AP) — A federal magistrate judge cited the intentional destruction of records in recommending a default judgment in a civil rights lawsuit over conditions at a West Virginia jail.
U.S. Magistrate Judge Omar J. Alboulhosn’s order Monday evening followed a hearing in early October in which former and current corrections officials, including some defendants in the lawsuit, said that no steps were taken to preserve evidence, including emails and documents, at the Southern Regional Jail in Beaver.
Alboulhosn asked that U.S. District Judge Frank Volk find for the plaintiffs in the class-action lawsuit, noting the recommendation “is extraordinary, but clearly warranted considering the intentional conduct in this case.”
The magistrate judge also ordered that the Division of Corrections and Rehabilitation purchase hard drives to preserve the jail’s video recordings effective immediately.
Alboulhosn said listening to witnesses describe that laws and regulations governing the preservation of evidence were not followed was “some of the most remarkable testimony” that he has heard.
The magistrate judge said he “believes the failure to preserve the evidence that was destroyed in this case was intentionally done and not simply an oversight by the witnesses. The Court does not make that statement flippantly but after much thought and reflection of the disturbing testimony that took place that day.”
State corrections commissioner Betsy Jividen, the jail’s superintendent and others left their jobs in the months after the lawsuit was filed. As a result, their email accounts were removed, according to testimony at the hearing.
Brian Abraham, the chief of staff for Republican Gov. Jim Justice, has said no one in the administration sought to have emails deleted in any agency. Abraham placed blame on an attorney who was aware of the litigation, could have stopped the deletions and “failed to do so.”
In the 2022 lawsuit, current and former inmates described jail conditions as inhumane. The suit references a lack of access to water and food, as well as overcrowded conditions and fights that were allowed to continue until someone was injured.
Justice said an investigation found no evidence of inhumane treatment at the jail. The Republican governor ordered the investigation after a television station reported allegations of water deprivation, failure to provide toilet paper and inmates having to sleep on hard floors without a mattress.
veryGood! (587)
Related
- From family road trips to travel woes: Americans are navigating skyrocketing holiday costs
- Love the outrageous costumes from ‘The Righteous Gemstones?’ Get the look for yourself.
- 10,000 red drum to be stocked in Calcasieu Lake estuary as part of pilot program
- Swimmer Katie Ledecky ties Michael Phelps' record, breaks others at World Championships
- Paris Hilton, Nicole Richie return for an 'Encore,' reminisce about 'The Simple Life'
- Malaysia's a big draw for China's Belt and Road plans. Finishing them is another story
- Wrestling Champion Hulk Hogan Engaged to Girlfriend Sky Daily
- NatWest Bank CEO ousted after furor over politician Nigel Farage’s bank account
- Paige Bueckers vs. Hannah Hidalgo highlights women's basketball games to watch
- Where the 2024 Republican presidential candidates stand on China
Ranking
- Newly elected West Virginia lawmaker arrested and accused of making terroristic threats
- North Korea fires ballistic missile after U.S. submarine arrives in South Korea
- Horoscopes Today, July 25, 2023
- Car buyers bear a heavy burden as Federal Reserve keeps raising rates: Auto-loan rejections are up
- Stamford Road collision sends motorcyclist flying; driver arrested
- Stressed? Here are ways to reduce stress and burnout for International Self-Care Day 2023
- Typhoon blows off roofs, floods villages and displaces thousands in northern Philippines
- Autoworker union not giving Biden an easy ride in 2024 as contract talks pick up speed
Recommendation
SFO's new sensory room helps neurodivergent travelers fight flying jitters
How does acupuncture work? Understand why so many people swear by it.
The IRS has ended in-person visits, but scammers still have ways to trick people
A Fed still wary of inflation is set to raise rates to a 22-year peak. Will it be the last hike?
NFL Week 15 picks straight up and against spread: Bills, Lions put No. 1 seed hopes on line
Wrestling Champion Hulk Hogan Engaged to Girlfriend Sky Daily
Water at tip of Florida hits hot tub level, may have set world record for warmest seawater
This Mississippi dog is a TikTok star and he can drive a lawnmower, fish and play golf