Current:Home > InvestUS magistrate cites intentional evidence destruction in recommending default judgment in jail suit -LegacyBuild Academy
US magistrate cites intentional evidence destruction in recommending default judgment in jail suit
View
Date:2025-04-26 08:08:19
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! (6952)
Related
- Louvre will undergo expansion and restoration project, Macron says
- Nightengale's Notebook: Cardinals' Adam Wainwright chases milestone in final season
- Opera singer David Daniels and husband plead guilty to sexual assault of singer
- Israel kills 3 suspected Palestinian militants as West Bank violence shows no signs of slowing
- Paige Bueckers vs. Hannah Hidalgo highlights women's basketball games to watch
- Dirt bike rider dies in crash at Maine motocross park
- Police kill a burglary suspect in Lancaster after officers say he pointed a gun at them
- Multiple passengers dead after charter bus crashes in Pennsylvania, police say
- Federal appeals court upholds $14.25 million fine against Exxon for pollution in Texas
- Stock market today: Asian benchmarks mostly slip after Wall Street’s losing week
Ranking
- Louvre will undergo expansion and restoration project, Macron says
- Rapper Tory Lanez set to be sentenced for shooting and injuring Megan Thee Stallion
- At least 3 dead in bus crash on Pennsylvania interstate, authorities say
- Father charged with helping suspect in July 4 shooting obtain gun license to ask judge to toss case
- NHL in ASL returns, delivering American Sign Language analysis for Deaf community at Winter Classic
- When is Mega Millions’ next drawing? Jackpot hits $1.55 billion, largest in history
- Fort Lauderdale airport temporarily evacuated over security investigation
- Kate Spade 24-Hour Flash Deal: Get This $260 Crossbody Bag for Just $59
Recommendation
From family road trips to travel woes: Americans are navigating skyrocketing holiday costs
Angus Cloud's Mom Insists Euphoria Actor Did Not Intend to End His Life
Bella Hadid Shares Health Update Amid Painful Battle With Lyme Disease
Usher Weighs In On Debate Over Keke Palmer's Concert Appearance After Her Boyfriend's Critical Comments
Federal court filings allege official committed perjury in lawsuit tied to Louisiana grain terminal
Trucking giant Yellow Corp. declares bankruptcy after years of financial struggles
26 horses killed in barn fire at riding school in Georgia
WWE SummerSlam takeaways: Tribal Combat has odd twist, Iyo Sky and Damage CTRL on top