(Photo Illustration – MetroCreativeConnection – Prison/Jail)
CHARLESTON — A lawsuit brought by several inmates in West Virginia’s correctional system raising issues about conditions under the previous administration of former governor Jim Justice was dismissed by a federal appeals court.
The U.S. Court of Appeals for the Fourth Circuit published an opinion Wednesday dismissing a case brought in August 2023 by several West Virginia inmates against Justice and former Department of Homeland Security Cabinet Secretary Mark Sorsaia.
The inmates, represented by Stephen New of Beckley-based Stephen New and Associates, accused the state of understaffing, overcrowding and delays of deferred maintenance for the state’s 11 prisons, 10 regional jails, 10 juvenile centers and three work-release sites. New appealed the case to the Fourth Circuit Court of Appeals after U.S. District Court Judge Irene Berger granted motions in July 2024 to dismiss the case.
The inmates accused the state of violating their Eighth Amendment constitutional rights against cruel and unusual punishment. They sought a ruling in their favor and an order to require the state to spend no less than $330 million on staffing and maintenance for the state’s entire correctional system with available funds or by submitting appropriations bills.
In its decision more than a year ago, the U.S. District Court dismissed the case due to the inmates not having legal standing to bring the case. Berger ruled that the inmates should have filed suit against the state Division of Corrections and Rehabilitation (DCR) regarding their complaints about jail and prison conditions.
Berger also said the West Virginia Legislature should have been sued, as they have the responsibility of passing the general revenue budget that funds DCR. In Wednesday’s written opinion, U.S. District Judge for the Western District of Virginia Jasmine Yoon — sitting by designation — agreed with the lower court ruling.
“Appellants do little to explain how the governor’s action or inaction caused the injuries alleged above,” Yoon wrote. “That might be because, as Appellants conceded at oral argument, another official — the Commissioner of WVDCR — actually ‘carries out the day-to-day operations’ of these facilities. Appellants have not clearly alleged facts that demonstrate that it is the governor, and not the Commissioner of WVDCR (or some other official), who caused Appellants’ injuries.
“The governor occupies a very different role,” Yoon continued. “He does not allocate staff, set scheduling shifts, perform or direct maintenance, supervise the cooking of food or provision of supplies, or determine how showers are run in the facilities. Accordingly, there does not exist a sufficient causal connection in this case to establish traceability.”
Yoon pointed out that while the governor presents a general revenue budget — which includes the budget for the Department of Homeland Security and DCR — that budget must be approved by the Legislature and the responsibility for implementing that budget at the jails and prisons level is the commissioner for DCR.
“As Appellants note in their complaint, West Virginia law requires the governor to submit a proposed budget for the next fiscal year,” Yoon wrote. “But Appellants have not clearly alleged facts to show it is possible for the court to compel the governor to actually make the appropriations they wish to see. Nor have they clearly alleged facts which show that the governor may implement and enforce policies, procedures, and practices, or make repairs, personnel changes, and financial investments for the facilities at issue.
“The Commissioner is the final step in the grievance process within West Virginia correctional facilities, meaning that inmate complaints akin to those Appellants allege are routinely appealed for the Commissioner’s review,” Yoon continued.
Yoon also stated that it was not the place of the federal judiciary to meddle in spending decisions within the state or make public policy decisions.
“In terms of forcing specific policies to be enacted, federal courts possess ‘neither the expertise nor the prerogative to make policy judgments’ which are generally entrusted to elected officials ‘who can be thrown out of office if the people disagree with them,’” Yoon wrote.
The state settled a similar lawsuit with New and clients in November focused on the Southern Regional Jail near Beckley while that lawsuit continues with local county governments and medical providers. The total of the settlement with SJR inmates was $4 million.
Steven Allen Adams can be reached at sadams@newsandsentinel.com.
