Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Rose v. Jividen

5:22-cv-00405 | U.S. District Court for the Southern District of West Virginia

Filed Date: Sept. 21, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

(This summary is temporary while we research the case) On September 21, 2022, a class action lawsuit was filed in the U.S. District Court for the Southern District of West Virginia on behalf of individuals imprisoned in Southern Regional Jail (SRJ) facilities against the former commissioner of the West Virginia Division of Corrections and Rehabilitations (WVDOC), the former warden for SRJ, and the former chief correctional officer at SRJ. The lawsuit alleged overcrowding, unsanitary living conditions, and neglectful medical care in violation of the Eighth and Fourteenth Amendments.  

Summary Authors

Simran Takhar (10/25/2022)

Documents in the Clearinghouse

Document
1

5:22-cv-00405

Class Action Complaint

Sept. 21, 2022

Sept. 21, 2022

Complaint
7

5:22-cv-00405

Complaint - Amended

Oct. 7, 2022

Oct. 7, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65368301/rose-v-jividen/

Last updated Nov. 9, 2022, 10:31 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8273632. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Proposed Summons as to Betsy Jividen, # 11 Proposed Summons as to Larry Warden, # 12 Proposed Summons as to Michael Francis, # 13 Proposed Summons as to PrimeCare Medical of West Virginia, Inc., # 14 Proposed Summons as to The Fayette County Commission, # 15 Proposed Summons as to The Greenbrier County Commission, # 16 Proposed Summons as to The Mercer County Commission, # 17 Proposed Summons as to The Monroe County Commission, # 18 Proposed Summons as to The Raleigh County Commission, # 19 Proposed Summons as to The Summers County Commission, # 20 Proposed Summons as to The Wyoming County Commission, # 21 Proposed Summons as to John/Jane Doe Correctional Officers, # 22 Proposed Summons as to John/Jane Doe Employees of PrimeCare Medical of West Virginia, # 23 Proposed Summons as to John/Jane Doe Employees of The Fayette County Commission, # 24 Proposed Summons as to John/Jane Doe Employees of The Greenbrier County Commission, # 25 Proposed Summons as to John/Jane Doe Employees of The Mercer County Commission, # 26 Proposed Summons as to John/Jane Doe Employees of The Monroe County Commission, # 27 Proposed Summons as to John/Jane Doe Employees of The Raleigh County Commission, # 28 Proposed Summons as to John/Jane Doe Employees of The Summers County Commission, # 29 Proposed Summons as to John/Jane Doe Employees of The Wyoming County Commission, # 30 Civil Cover Sheet) (mfo) (Modified on 9/23/2022 to update filing date) (ts). (Entered: 09/22/2022)

Sept. 21, 2022

Sept. 21, 2022

Clearinghouse

CASE assigned to Judge Frank W. Volk. (klc)

Sept. 21, 2022

Sept. 21, 2022

PACER

Case Assigned

Sept. 21, 2022

Sept. 21, 2022

PACER
2

ELECTRONIC SUMMONS ISSUED as to John/Jane Doe Correctional Officers, John/Jane Doe Employees of The Fayette County Commission, John/Jane Doe Employees of The Greenbrier County Commission, John/Jane Doe Employees of The Mercer County Commission, John/Jane Doe Employees of The Monroe County Commission, John/Jane Doe Employees of The Raleigh County Commission, John/Jane Doe Employees of The Summers County Commission, John/Jane Doe Employees of The Wyoming County Commission, John/Jane Doe Employees of PrimeCare Medical of West Virginia, Michael Francis, Betsy Jividen, PrimeCare Medical of West Virginia, Inc., The Fayette County Commission, The Greenbrier County Commission, The Mercer County Commission, The Monroe County Commission, The Raleigh County Commission, The Summers County Commission, The Wyoming County Commission, Larry Warden, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Electronic Summons as to Larry Warden, # 2 Electronic Summons as to Michael Francis, # 3 Electronic Summons as to PrimeCare Medical of West Virginia, Inc., # 4 Electronic Summons as to The Fayette County Commission, # 5 Electronic Summons as to The Greenbrier County Commission, # 6 Electronic Summons as to The Mercer County Commission, # 7 Electronic Summons as to The Monroe County Commission, # 8 Electronic Summons as to The Raleigh County Commission, # 9 Electronic Summons as to The Summers County Commission, # 10 Electronic Summons as to The Wyoming County Commission, # 11 Electronic Summons as to John/Jane Doe Correctional Officers, # 12 Electronic Summons as to John/Jane Doe Employees of PrimeCare Medical of West Virginia, # 13 Electronic Summons as to John/Jane Doe Employees of The Fayette County Commission, # 14 Electronic Summons as to John/Jane Doe Employees of The Greenbrier County Commission, # 15 Electronic Summons as to John/Jane Doe Employees of The Mercer County Commission, # 16 Electronic Summons as to John/Jane Doe Employees of The Monroe County Commission, # 17 Electronic Summons as to John/Jane Doe Employees of The Raleigh County Commission, # 18 Electronic Summons as to John/Jane Doe Employees of The Summers County Commission, # 19 Electronic Summons as to John/Jane Doe Employees of The Wyoming County Commission) (mfo)

Sept. 22, 2022

Sept. 22, 2022

PACER
3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record; any unrepresented party) (mfo) (Entered: 09/23/2022)

Sept. 22, 2022

Sept. 22, 2022

PACER

Case Assigned

Sept. 23, 2022

Sept. 23, 2022

PACER
4

EXHIBIT 8 (Flash Drive) by Edward L Harmon, Michael D. Rose in support of 1 Complaint. (Flash Drive maintained in the Office of the Clerk of Court). (mfo)

Sept. 26, 2022

Sept. 26, 2022

RECAP
5

WAIVER OF SERVICE EXECUTED. Waiver signed by Chip E. Williams on 10/03/2022. Michael Francis waiver mailed on 10/3/2022, answer due 12/2/2022. (Williams, Chip)

Oct. 4, 2022

Oct. 4, 2022

PACER
6

NOTICE OF ATTORNEY APPEARANCE by Chip E. Williams and Jared C. Underwood on behalf of Michael Francis. (Williams, Chip)

Oct. 4, 2022

Oct. 4, 2022

PACER
7

AMENDED CLASS ACTION COMPLAINT by Michael D. Rose, Edward L. Harmon against John/Jane Doe Correctional Officers, John/Jane Doe Employees of The Fayette County Commission, John/Jane Doe Employees of The Greenbrier County Commission, John/Jane Doe Employees of The Mercer County Commission, John/Jane Doe Employees of The Monroe County Commission, John/Jane Doe Employees of The Raleigh County Commission, John/Jane Doe Employees of The Summers County Commission, John/Jane Doe Employees of The Wyoming County Commission, John/Jane Doe PrimeCare Employees, Michael Francis, PrimeCare Medical of West Virginia, Inc., The Fayette County Commission, The Greenbrier County Commission, The Mercer County Commission, The Monroe County Commission, The Raleigh County Commission, The Summers County Commission, The Wyoming County Commission, Larry Warden, Betsy Jividen, Wexford Health Sources, Inc., John/Jane Doe Wexford Employees, Brad Douglas, Jeff S. Sandy. (Attachments: # 1 Exhibit, # 2 Exhibit) (msa)

Oct. 7, 2022

Oct. 7, 2022

Clearinghouse
8

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Zachary Kyle Whitten updating name and/or firm information on behalf of Michael D. Rose. (Whitten, Zachary) (Modified on 10/12/2022 to replace image) (mk).

Oct. 10, 2022

Oct. 10, 2022

PACER
9

WAIVER OF SERVICE EXECUTED. Waiver signed by John P. Fuller/Attorney on 10/11/2022. Larry Warden waiver mailed on 10/11/2022, answer due 12/12/2022. (Fuller, John)

Oct. 11, 2022

Oct. 11, 2022

PACER
10

NOTICE OF ATTORNEY APPEARANCE by J. Victor Flanagan and Daniel J. Burns on behalf of John/Jane Doe Employees of The Raleigh County Commission, The Raleigh County Commission. (Flanagan, J.)

Oct. 11, 2022

Oct. 11, 2022

PACER
11

INCORRECT ENTRY; SEE ENTRY #10. (Modified on 10/11/2022 to remove duplicate image, see entry #10) (mk).

Oct. 11, 2022

Oct. 11, 2022

PACER

Notice Of Docket Correction

Oct. 11, 2022

Oct. 11, 2022

PACER

NOTICE OF DOCKET CORRECTION re: 11 Notice of Attorney Appearance by J. Victor Flanagan and Daniel J. Burns on behalf of John/Jane Doe Employees of The Raleigh County Commission, The Raleigh County Commission. ERROR: Image is a duplicate image of ECF #10. CORRECTION: Image removed. (mk).

Oct. 11, 2022

Oct. 11, 2022

PACER

Notice Of Attorney Appearance

Oct. 11, 2022

Oct. 11, 2022

PACER
12

WAIVER OF SERVICE EXECUTED. Waiver signed by Anne Lile's O'Hare on 10/12/22. PrimeCare Medical of West Virginia, Inc. waiver mailed on 10/12/2022, answer due 12/12/2022; John/Jane Doe PrimeCare Employees waiver mailed on 10/12/2022, answer due 12/12/2022. (O'Hare, Anne)

Oct. 12, 2022

Oct. 12, 2022

PACER
13

WAIVER OF SERVICE EXECUTED. Waiver signed by Chip E. Williams on 10/12/2022. Michael Francis waiver mailed on 10/12/2022, answer due 12/12/2022. (Williams, Chip)

Oct. 12, 2022

Oct. 12, 2022

PACER
14

WAIVER OF SERVICE EXECUTED. Waiver signed by Betsy Jividen on October 12, 2022. Betsy Jividen waiver mailed on 10/12/2022, answer due 12/12/2022. (Murray, William)

Oct. 12, 2022

Oct. 12, 2022

PACER
15

WAIVER OF SERVICE EXECUTED. Waiver signed by Brad Douglas on October 12, 2022. Brad Douglas waiver mailed on 10/12/2022, answer due 12/12/2022. (Murray, William)

Oct. 12, 2022

Oct. 12, 2022

PACER

NOTICE OF DOCKET CORRECTION re: 8 Notice of Change of Attorney Information by Zachary Kyle Whitten updating name and/or firm information on behalf of Michael D. Rose. ERROR: Image did not contain signature. CORRECTION: Signature obtained and image replaced. (mk)

Oct. 12, 2022

Oct. 12, 2022

PACER

Notice Of Docket Correction

Oct. 12, 2022

Oct. 12, 2022

PACER
16

NOTICE OF ATTORNEY APPEARANCE by Wendy E. Greve on behalf of John/Jane Doe Employees of The Fayette County Commission, John/Jane Doe Employees of The Greenbrier County Commission, John/Jane Doe Employees of The Mercer County Commission, John/Jane Doe Employees of The Monroe County Commission, John/Jane Doe Employees of The Summers County Commission, John/Jane Doe Employees of The Wyoming County Commission, The Fayette County Commission, The Greenbrier County Commission, The Mercer County Commission, The Monroe County Commission, The Summers County Commission, The Wyoming County Commission. (Greve, Wendy)

Oct. 13, 2022

Oct. 13, 2022

PACER
17

NOTICE OF APPEARANCE by Jordan K. Herrick on behalf of Wexford Health Sources, Inc. (Herrick, Jordan)

Oct. 13, 2022

Oct. 13, 2022

PACER
18

WAIVER OF SERVICE EXECUTED. Waiver signed by Jodan K. Herrick on 10/13/2022. Wexford Health Sources, Inc. waiver mailed on 10/13/2022, answer due 12/12/2022. (Herrick, Jordan)

Oct. 13, 2022

Oct. 13, 2022

PACER
19

NOTICE OF APPEARANCE by David E. Schumacher on behalf of Wexford Health Sources, Inc.. (Schumacher, David)

Oct. 13, 2022

Oct. 13, 2022

PACER
20

WAIVER OF SERVICE EXECUTED. Waiver signed by Jeff S. Sandy on October 14, 2022. Jeff S. Sandy waiver mailed on 10/14/2022, answer due 12/13/2022. (Murray, William)

Oct. 14, 2022

Oct. 14, 2022

PACER
21

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wexford Health Sources, Inc. (Herrick, Jordan)

Oct. 18, 2022

Oct. 18, 2022

PACER
22

WAIVER OF SERVICE EXECUTED. Waiver signed by Wendy E. Greve on 10/25/2022. The Monroe County Commission waiver mailed on 10/24/2022, answer due 12/23/2022. (Greve, Wendy)

Oct. 25, 2022

Oct. 25, 2022

PACER
23

WAIVER OF SERVICE EXECUTED. Waiver signed by Wendy E. Greve on 10/25/2022. The Mercer County Commission waiver mailed on 10/24/2022, answer due 12/23/2022. (Greve, Wendy)

Oct. 25, 2022

Oct. 25, 2022

PACER
24

WAIVER OF SERVICE EXECUTED. Waiver signed by Wendy E. Greve on 10/25/2022. The Greenbrier County Commission waiver mailed on 10/24/2022, answer due 12/23/2022. (Greve, Wendy)

Oct. 25, 2022

Oct. 25, 2022

PACER
25

WAIVER OF SERVICE EXECUTED. Waiver signed by Wendy E. Greve on 10/25/2022. The Summers County Commission waiver mailed on 10/24/2022, answer due 12/23/2022. (Greve, Wendy)

Oct. 25, 2022

Oct. 25, 2022

PACER
26

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Michael W. Taylor appearing on behalf of The Fayette County Commission. (Taylor, Michael)

Oct. 31, 2022

Oct. 31, 2022

PACER
27

AMENDED NOTICE OF ATTORNEY APPEARANCE by Wendy E. Greve on behalf of The Greenbrier County Commission, The Mercer County Commission, The Monroe County Commission, The Summers County Commission, The Wyoming County Commission. (Greve, Wendy)

Nov. 2, 2022

Nov. 2, 2022

PACER
28

WAIVER OF SERVICE EXECUTED. Waiver signed by Wendy E. Greve, Esquire on 11/08/2022. The Wyoming County Commission waiver mailed on 11/8/2022, answer due 1/9/2023. (Greve, Wendy)

Nov. 8, 2022

Nov. 8, 2022

PACER
29

WAIVER OF SERVICE EXECUTED. Waiver signed by Michael W. Taylor on 11/08/2022. The Fayette County Commission waiver mailed on 11/8/2022, answer due 1/9/2023. (Taylor, Michael)

Nov. 8, 2022

Nov. 8, 2022

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Prison Conditions

Jail Conditions

Key Dates

Filing Date: Sept. 21, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two inmates seeking to represent two classes of individuals at Southern Regional Jail in West Virginia. Class A would include all currently incarcerated individuals who at any point between January 1, 2018, and the present were incarcerated at SRJ; and Class B would include all formerly incarcerated individuals who at any point between September 21, 2020, and the present were incarcerated at SRJ.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

West Virginia Division of Corrections and Rehabilitation, State

Southern Regional Jail, State

Cabinet Secretary of the West Virginia Department of Homeland Security, State

The Raleigh County Commission (Raleigh), County

The Fayette County Commission (Fayette), County

The Greenbrier County Commission (Greenbrier), County

The Mercer County Commission (Mercer), County

The Monroe County Commission (Monroe), County

The Summers County Commission (Summers), County

The Wyoming County Commission (Wyoming), County

Wexford Health Sources Inc., Private Entity/Person

PrimeCare Medical of West Virginia Inc., Private Entity/Person

Defendant Type(s):

Corrections

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

State law

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Bathrooms

Classification / placement

Conditions of confinement

Disciplinary procedures

Food service / nutrition / hydration

Inadequate citizen complaint investigations and procedures

Neglect by staff

Personal injury

Recreation / Exercise

Sanitation / living conditions

Sexual abuse by residents/inmates

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run