Current:Home > InvestUS magistrate cites intentional evidence destruction in recommending default judgment in jail suit -Financial Clarity Guides
US magistrate cites intentional evidence destruction in recommending default judgment in jail suit
View
Date:2025-04-12 12:24:35
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! (16)
Related
- Elon Musk's skyrocketing net worth: He's the first person with over $400 billion
- Last known survivors of Tulsa Race Massacre challenge Oklahoma high court decision
- US eliminated from Copa America with 1-0 loss to Uruguay, increasing pressure to fire Berhalter
- Gun policy debate now includes retail tracking codes in California
- IRS recovers $4.7 billion in back taxes and braces for cuts with Trump and GOP in power
- Parole denied for Indigenous activist Leonard Peltier, who has spent most of his life in prison
- Cup Noodles introduces new s'mores instant ramen flavor in an ode to summer camping
- Shrinking drug coverage puts Americans in a medical (and monetary) bind
- Juan Soto praise of Mets' future a tough sight for Yankees, but World Series goal remains
- Woman dies from being pushed into San Francisco-area commuter train
Ranking
- Moving abroad can be expensive: These 5 countries will 'pay' you to move there
- Mark Consuelos debuts shaved head on 'Live' with Kelly Ripa: See his new look
- Despite vows of safety from OnlyFans, predators are exploiting kids on the platform
- Deadline extended to claim piece of $35 million iPhone 7, Apple class action lawsuit
- NFL Week 15 picks straight up and against spread: Bills, Lions put No. 1 seed hopes on line
- New grand jury transcripts released in Jeffrey Epstein case reveal prosecutors knew about accusations against him
- Stripper, adult establishments sue Florida over new age restriction
- Ian McKellen won't return to 'Player Kings' after onstage fall
Recommendation
Civic engagement nonprofits say democracy needs support in between big elections. Do funders agree?
Rick Ross says he 'can't wait to go back' to Vancouver despite alleged attack at festival
Emma Chamberlin, Katy Perry and the 'no shirt' fashion trend and why young people love it
Best friends Caitlin Clark, Kate Martin are WNBA rookies with different experiences
'Vanderpump Rules' star DJ James Kennedy arrested on domestic violence charges
Stripper sues Florida over new age restrictions for workers at adult entertainment businesses
Judge issues ruling that protects a migrant shelter that Texas sought to close
Bold and beautiful: James Wood’s debut latest dividend from Nationals' Juan Soto deal