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

On September 21, 2022, two men, one currently and one formerly incarcerated in Southern Regional Jail (SRJ) in West Virginia, filed this putative class action lawsuit in the U.S. District Court for the Southern District of West Virginia. They sought to represent a class of individuals imprisoned in SRJ facilities, which house both pre-trial individuals and those who have received their sentences. They sued the former commissioner of the West Virginia Division of Corrections and Rehabilitations …

On September 21, 2022, two men, one currently and one formerly incarcerated in Southern Regional Jail (SRJ) in West Virginia, filed this putative class action lawsuit in the U.S. District Court for the Southern District of West Virginia. They sought to represent a class of individuals imprisoned in SRJ facilities, which house both pre-trial individuals and those who have received their sentences. They sued 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 in their official capacities. Plaintiffs also filed claims against seven county commissions in West Virginia, Primecare Medical of West Virginia, unidentified correctional officers, and unidentified employees of the commissions and healthcare providers. 

The lawsuit alleged overcrowding, unsanitary living conditions, and neglectful medical care in violation of the Eighth and Fourteenth Amendments and state law. In support of their claims, plaintiffs cited inadequate plumbing, nutrition, bedding, hygiene items, exercise time, lighting and prisoner safety.  By depriving them of basic human necessities, permitting the squalid conditions alleged above and taking no action to remedy them, plaintiffs argued defendants violated their constitutional rights. Plaintiffs also argued that their constitutional rights were violated because defendants permitted these conditions despite those conditions not being in any way justified by a governmental interest. The case was assigned to Judge Frank W. Volk. 

Represented by private counsel, the plaintiffs sought injunctive and declaratory relief, compensatory and punitive damages, and attorney’s fees. The requested injunctive relief included enjoining defendants from engaging in the aforementioned unconstitutional practices and ordering them to implement and enforce constitutional policies. Plaintiffs also sought certification of two classes: 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. 

An amended complaint was filed on October 7, 2022. The amended complaint included additional defendants, naming the acting commissioner of the WVDOC, the Cabinet Secretary of the West Virginia Department of Homeland Security, Wexford Health Sources, and unidentified employees of Wexford. PrimeCare Medical and Wexford provided healthcare services to individuals at SRJ.

On November 18, 2022, the plaintiffs sought leave to file their second amended complaint to add a cause of action for alleged violations of the Americans with Disabilities Act (ADA) and to add a new subclass representative to bring the ADA claims. While the plaintiffs’ motion to amend was pending before the court, the defendants filed motions to dismiss the complaint, between December 9, 2022, and December 27, 2022. Before the court could rule on any motions, the plaintiffs filed an emergency motion for a preliminary injunction on March 22, 2023.

On April 5, 2023, the court directed the plaintiffs to file their second amended complaint, and denied the defendants’ motions to dismiss the complaint on procedural grounds, holding that their arguments were more appropriate when challenging the merits of the complaint. 2023 WL 2804901. The plaintiffs filed their second amended complaint on April 17, 2023, but the defendants moved to strike it the next day, as it differed from the proposed second amended complaint. The filed version of the complaint added three new defendants who weren’t included in the proposal, as well as additional prayers for relief. 

The district court granted the defendants’ motion to strike on July 14, 2023, striking the filed second amended complaint from the record, and directing the plaintiffs to file another amended complaint in its place, which they did on July 17, 2023.  

On July 31, 2023, the defendants moved to dismiss the plaintiffs’ second amended complaint. The following month, on August 9, the plaintiffs moved to certify a class. Later that month, on August 24, the court dismissed one of the individual defendants at the request of both parties. Another defendant was voluntarily dismissed the following week.

The parties engaged in various discovery disputes, including motions to compel discovery and motions for sanctions. On September 6, 2023, the court denied the plaintiffs’ March 22, 2023 motion for a preliminary injunction requiring defendants to preserve documents. The court explained that a preliminary injunction was not appropriate because the plaintiffs were not bringing claims related to document preservation, but noted that any document destruction would “warrant the strongest medicine” since defendants were now on notice. 2023 WL 5751469.

On September 11, 2023, the court granted the defendants’ motion to dismiss one of the plaintiffs as a sanction under Rule 37 because he failed to appear at multiple depositions. 2023 WL 5917758. The parties continued to engage in litigious and contentious discovery. The following month, on October 2, the magistrate judge held a hearing on discovery disputes and asked both parties to submit briefs on what sanctions should be issued.

On October 30, 2023, the magistrate judge granted the plaintiffs’ motions for a finding of spoliation and for sanctions against the defendants. The magistrate judge cited repeated motions to compel and court orders requiring the defendants to supplement their discovery responses, and described the defendants’ response as a “dereliction of duty.” Furthermore, the magistrate judge found that the defendants did not preserve all evidence pertaining to conditions of confinement or communicate with opposing counsel or the court about this loss of evidence, which was a “critical omission” that suggested the lost evidence was relevant to plaintiffs’ claims.

Ultimately, the magistrate judge concluded the defendants had intentionally destroyed evidence, and recommended the district judge grant a default judgment for the plaintiffs as a sanction. Alternatively, the magistrate judge recommended either prohibiting the defendants from introducing evidence to dispute the plaintiffs’ testimony regarding the conditions of confinement and the deliberate indifference standard, or drawing an adverse inference against the defendants about what the destroyed evidence would have contained.

On November 9, 2023, the court held a settlement hearing with the plaintiffs and some of the defendants—specifically, the Commissioner and Acting Commissioner of the WVDOC, two employees of the WVDOC, and the Cabinet Secretary of the West Virginia Division Department of Homeland Security. About a week later, the court ordered that the plaintiffs and settling defendants must file a joint motion for preliminary approval of their settlement agreement by December 8, 2023. The court denied as moot defendants’ motion to dismiss, plaintiffs’ motion for class certification, and plaintiffs’ motion for leave to file a third amended complaint. Matters involving non-settling defendants remained in controversy.

As of November 15, 2023, the case is ongoing, with a hearing on the proposed settlement currently scheduled for January 26, 2024.

Summary Authors

Simran Takhar (10/25/2022)

Simran Takhar (7/18/2023)

Venesa Haska (11/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65368301/parties/rose-v-sandy/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Bailey, Charles R. (West Virginia)

Bailey, Robert Lee (West Virginia)

Burns, Daniel J. (West Virginia)

Cyrus, Harrison M. (West Virginia)

Expert/Monitor/Master/Other

Cook, David P. (West Virginia)

show all people

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
172

5:22-cv-00405

Order

Rose v. Francis

April 5, 2023

April 5, 2023

Order/Opinion

2023 WL 2023

433

5:22-cv-00405

Second Amended Class Action Complaint

Rose v. Sandy

July 17, 2023

July 17, 2023

Complaint
490

5:22-cv-00405

Order

Rose v. Francis

Aug. 1, 2023

Aug. 1, 2023

Order/Opinion
526

5:22-cv-00405

Order

Rose v. Francis

Aug. 11, 2023

Aug. 11, 2023

Order/Opinion
610

5:22-cv-00405

Memorandum Opinion and Order

Rose v. Francis

Sept. 6, 2023

Sept. 6, 2023

Order/Opinion

2023 WL 2023

774

5:22-cv-00405

Order And Proposed Findings And Recommendation

Rose, et al. v. Sandy

Oct. 30, 2023

Oct. 30, 2023

Order/Opinion

2023 WL 2023

821

5:22-cv-00405

Order

Rose v. Francis

Nov. 15, 2023

Nov. 15, 2023

Order/Opinion

Docket

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

Last updated May 4, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link

Case Assigned

Sept. 21, 2022

Sept. 21, 2022

PACER
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
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

Notice of Docket Correction

Oct. 11, 2022

Oct. 11, 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 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

Notice Of Docket Correction

Oct. 11, 2022

Oct. 11, 2022

PACER

Notice of Docket Correction

Oct. 12, 2022

Oct. 12, 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

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
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

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 AND STIPULATION of Withdrawal and Substitution of Counsel Regarding Defendant The Fayette County Commission by Michael W. Taylor and Harrison M. Cyrus 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

Notice of Docket Correction

Nov. 18, 2022

Nov. 18, 2022

PACER
30

MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Complaint (Williams, Russell) (Modified on 11/18/2022 to convert event to motion to amend, add party filer and remove attachment #1 memorandum in support; counsel refiled separately) (mk).

Nov. 18, 2022

Nov. 18, 2022

RECAP
31

MEMORANDUM OF LAW by Michael D. Rose, Edward L. Harmon in support of 30 MOTION by Michael D. Rose, Edward Harmon for Leave to Amend re: 7 Amended Complaint (Williams, Russell) (Modified on 11/18/2022 to add party filer) (mk).

Nov. 18, 2022

Nov. 18, 2022

RECAP

NOTICE OF DOCKET CORRECTION re: 30 Motion by Michael D. Rose, Edward Harmon for Leave to Amend re: 7 Amended Complaint. ERROR: Memorandum in Support filed as attachment. CORRECTION: Memorandum in Support removed; refiled separately. (mk)

Nov. 18, 2022

Nov. 18, 2022

PACER

Notice Of Docket Correction

Nov. 18, 2022

Nov. 18, 2022

PACER
32

RESPONSE by Brad Douglas, Betsy Jividen, Jeff S. Sandy in opposition to 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Complaint (Murray, William)

Nov. 28, 2022

Nov. 28, 2022

RECAP
33

RESPONSE by The Greenbrier County Commission in opposition to 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Complaint and JOINDER in 32 Response in opposition. (Greve, Wendy) (Modified to add link to #32 response in opposition) (mk).

Nov. 28, 2022

Nov. 28, 2022

RECAP
34

RESPONSE by The Mercer County Commission in opposition to 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Complaint and JOINDER in 32 Response in opposition. (Greve, Wendy) (Modified on 11/28/2022 to add link to #32 response in opposition) (mk).

Nov. 28, 2022

Nov. 28, 2022

PACER
35

RESPONSE by The Monroe County Commission in opposition to 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Complaint and JOINDER in 32 Response in opposition (Greve, Wendy) (Modified on 11/28/2022 to add link to #32 response in opposition) (mk).

Nov. 28, 2022

Nov. 28, 2022

PACER
36

RESPONSE by The Summers County Commission in opposition to 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Complaint and JOINDER in 32 Response in opposition (Greve, Wendy) (Modified on 11/28/2022 to add link to #32 Response in opposition) (mk).

Nov. 28, 2022

Nov. 28, 2022

PACER
37

RESPONSE by The Wyoming County Commission in opposition to 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Complaint and JOINDER in 32 Response in opposition (Greve, Wendy) (Modified on 11/28/2022 to add link to #32 response in opposition) (mk)

Nov. 28, 2022

Nov. 28, 2022

PACER
38

MOTION/JOINDER by Wexford Health Sources, Inc. in 32 Response In Opposition (Herrick, Jordan)

Nov. 29, 2022

Nov. 29, 2022

PACER
39

MOTION/JOINDER by Larry Warden in 32 Response In Opposition. (Fuller, John)

Nov. 29, 2022

Nov. 29, 2022

PACER
40

MOTION/JOINDER by The Fayette County Commission in 36 Response In Opposition, 34 Response In Opposition, 35 Response In Opposition, 32 Response In Opposition, 37 Response In Opposition, 33 Response In Opposition. (Taylor, Michael)

Nov. 29, 2022

Nov. 29, 2022

PACER
41

MOTION/JOINDER by Michael Francis in 32 Response In Opposition (Williams, Chip)

Nov. 29, 2022

Nov. 29, 2022

PACER
42

MOTION/JOINDER by PrimeCare Medical of West Virginia, Inc. in 32 Response In Opposition (O'Hare, Anne) (Modified on 11/29/2022 to correct links) (mk).

Nov. 29, 2022

Nov. 29, 2022

PACER
43

MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint (Murray, William) (Modified on 12/9/2022 add link to #7 amended complaint) (mk).

Dec. 9, 2022

Dec. 9, 2022

PACER
44

MOTION by Wexford Health Sources, Inc. to Dismiss With Prejudice re: 7 Amended Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Herrick, Jordan) (Modified on 12/9/2022 to add link to #7 amended complaint) (mk).

Dec. 9, 2022

Dec. 9, 2022

PACER
45

MEMORANDUM OF LAW by Wexford Health Sources, Inc. in support of 44 MOTION by Wexford Health Sources, Inc. to Dismiss With Prejudice re: 7 Amended Complaint (Herrick, Jordan)

Dec. 9, 2022

Dec. 9, 2022

PACER
46

JOINDER by Michael Francis in support of 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint (Williams, Chip)

Dec. 9, 2022

Dec. 9, 2022

PACER
47

MOTION/JOINDER by Wexford Health Sources, Inc. in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Herrick, Jordan)

Dec. 9, 2022

Dec. 9, 2022

PACER
48

MOTION by Michael Francis to Dismiss re: 7 Amended Complaint. (Williams, Chip) (Modified on 12/9/2022 to add link to #7 amended complaint) (mk).

Dec. 9, 2022

Dec. 9, 2022

PACER
49

MEMORANDUM OF LAW by Michael Francis in support of 48 MOTION by Michael Francis to Dismiss re: 7 Amended Complaint. (Williams, Chip)

Dec. 9, 2022

Dec. 9, 2022

PACER
50

MOTION by Larry Warden to Dismiss With Prejudice re: 7 Amended Complaint. (Attachment: # 1 Exhibit 1)(Webb-Barber, Celeste)

Dec. 9, 2022

Dec. 9, 2022

PACER
51

JOINDER by Larry Warden in support of 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Fuller, John)

Dec. 9, 2022

Dec. 9, 2022

PACER
52

MEMORANDUM OF LAW by Larry Warden in support of 50 MOTION by Larry Warden to Dismiss With Prejudice re: 7 Amended Complaint. (Webb-Barber, Celeste)

Dec. 9, 2022

Dec. 9, 2022

PACER
53

MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Dismiss re: 7 Amended Complaint. (Murray, William) Modified on 12/12/2022 (mk).

Dec. 12, 2022

Dec. 12, 2022

PACER
54

MEMORANDUM OF LAW by Brad Douglas, Betsy Jividen, Jeff S. Sandy in support of 53 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Dismiss re: 7 Amended Complaint (Murray, William)

Dec. 12, 2022

Dec. 12, 2022

PACER
55

MOTION by PrimeCare Medical of West Virginia, Inc. to Dismiss With Prejudice re: 7 Amended Complaint. (O'Hare, Anne)

Dec. 12, 2022

Dec. 12, 2022

PACER
56

MEMORANDUM OF LAW by PrimeCare Medical of West Virginia, Inc. in support of 55 MOTION by PrimeCare Medical of West Virginia, Inc. to Dismiss With Prejudice re: 7 Amended Complaint.. (O'Hare, Anne)

Dec. 12, 2022

Dec. 12, 2022

PACER
57

MOTION/JOINDER by PrimeCare Medical of West Virginia, Inc. in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (O'Hare, Anne) (Modified on 12/13/2022 to add link to #43 motion to strike exhibits) (mk).

Dec. 12, 2022

Dec. 12, 2022

PACER
58

REPLY by Michael D. Rose to 32 Response In Opposition. (Williams, Russell)

Dec. 13, 2022

Dec. 13, 2022

PACER
59

JOINDER by The Greenbrier County Commission in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Vanston, Benjamin)

Dec. 15, 2022

Dec. 15, 2022

PACER
60

JOINDER by The Mercer County Commission in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Vanston, Benjamin)

Dec. 15, 2022

Dec. 15, 2022

PACER
61

JOINDER by The Monroe County Commission in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Vanston, Benjamin)

Dec. 15, 2022

Dec. 15, 2022

PACER
62

JOINDER by The Summers County Commission in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Vanston, Benjamin)

Dec. 15, 2022

Dec. 15, 2022

PACER
63

JOINDER by The Fayette County Commission in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Taylor, Michael)

Dec. 15, 2022

Dec. 15, 2022

PACER
64

JOINDER by The Wyoming County Commission in 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Complaint. (Vanston, Benjamin)

Dec. 15, 2022

Dec. 15, 2022

PACER
65

MOTION by The Greenbrier County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Attachment: # 1 Exhibit 1)(Greve, Wendy) (Modified on 12/16/2022 to add link to #7 amended class action complaint) (mk).

Dec. 16, 2022

Dec. 16, 2022

PACER
66

MEMORANDUM OF LAW by The Greenbrier County Commission in support of 65 MOTION by The Greenbrier County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Greve, Wendy)

Dec. 16, 2022

Dec. 16, 2022

PACER
67

MOTION by The Mercer County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Attachment: # 1 Exhibit 1)(Greve, Wendy) (Modified on 12/16/2022 to add link to #7 amended class action complaint) (mk).

Dec. 16, 2022

Dec. 16, 2022

PACER
68

MEMORANDUM OF LAW by The Mercer County Commission in support of 67 MOTION by The Mercer County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Greve, Wendy)

Dec. 16, 2022

Dec. 16, 2022

PACER
69

MOTION by The Monroe County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Attachment: # 1 Exhibit 1)(Greve, Wendy) (Modified on 12/16/2022 to add link to #7 amended class action complaint)(mk).

Dec. 16, 2022

Dec. 16, 2022

PACER
70

MEMORANDUM OF LAW by The Monroe County Commission in support of 69 MOTION by The Monroe County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Greve, Wendy)

Dec. 16, 2022

Dec. 16, 2022

PACER
71

MOTION by The Summers County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Attachment: # 1 Exhibit 1)(Greve, Wendy) (Modified on 12/16/2022 to add link to #7 amended class action complaint) (mk).

Dec. 16, 2022

Dec. 16, 2022

PACER
72

MEMORANDUM OF LAW by The Summers County Commission in support of 71 MOTION by The Summers County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Greve, Wendy)

Dec. 16, 2022

Dec. 16, 2022

PACER
73

MOTION by The Wyoming County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Attachment: # 1 Exhibit 1)(Greve, Wendy) (Modified on 12/16/2022 to add link to #7 amended class action complaint) (mk).

Dec. 16, 2022

Dec. 16, 2022

PACER
74

MEMORANDUM OF LAW by The Wyoming County Commission in support of 73 MOTION by The Wyoming County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Greve, Wendy)

Dec. 16, 2022

Dec. 16, 2022

PACER
75

OPPOSITION by Michael D. Rose, Edward L. Harmon to 44 MOTION by Wexford Health Sources, Inc. to Dismiss With Prejudice re: 7 Amended Class Action Complaint (Attachment: # 1 Exhibit 1)(Williams, Russell) (Modified on 12/23/2022 to add party filer and remove link to #45 memorandum in support) (mk).

Dec. 23, 2022

Dec. 23, 2022

PACER
76

OPPOSITION by Michael D. Rose, Edward L. Harmon to 43 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Strike Exhibits to 7 Amended Class Action Complaint (Williams, Russell) (Modified on 12/23/2022 to add party filer) (mk).

Dec. 23, 2022

Dec. 23, 2022

PACER
77

RESPONSE by Michael D. Rose, Edward L. Harmon in opposition to 50 MOTION by Larry Warden to Dismiss With Prejudice re: 7 Amended Class Action Complaint (Williams, Russell) (Modified on 12/24/2022 to add party filer and remove link to #52 memorandum in support)(mk).

Dec. 23, 2022

Dec. 23, 2022

PACER
78

RESPONSE by Michael D. Rose, Edward L. Harmon in opposition to 48 MOTION by Michael Francis to Dismiss re: 7 Amended Class Action Complaint (Williams, Russell) (Modified on 12/24/2022 to add party filer and remove link to #49 memorandum in support) (mk).

Dec. 23, 2022

Dec. 23, 2022

PACER
79

RESPONSE by Michael D. Rose, Edward L. Harmon in opposition to 53 MOTION by Brad Douglas, Betsy Jividen, Jeff S. Sandy to Dismiss re: 7 Amended Class Action Complaint (Williams, Russell) (Modified on 12/27/2022 to remove link to #54 memorandum in support and add party filer) (mk).

Dec. 26, 2022

Dec. 26, 2022

PACER
80

RESPONSE by Michael D. Rose, Edward L. Harmon in opposition to 55 MOTION by PrimeCare Medical of West Virginia, Inc. to Dismiss With Prejudice re: 7 Amended Class Action Complaint (Williams, Russell) (Modified on 12/27/2022 to remove link to #56 memorandum in support and add party filer) (mk).

Dec. 26, 2022

Dec. 26, 2022

PACER
81

MOTION by The Fayette County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Cyrus, Harrison)

Dec. 27, 2022

Dec. 27, 2022

PACER
82

MEMORANDUM OF LAW by The Fayette County Commission in support of 81 MOTION by The Fayette County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint. (Cyrus, Harrison)

Dec. 27, 2022

Dec. 27, 2022

PACER
83

RESPONSE by Edward L. Harmon, Michael D. Rose in opposition to 73 MOTION by The Wyoming County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint, 81 MOTION by The Fayette County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint, 71 MOTION by The Summers County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint, 69 MOTION by The Monroe County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint, 65 MOTION by The Greenbrier County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint, 67 MOTION by The Mercer County Commission to Dismiss With Prejudice re: 7 Amended Class Action Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Williams, Russell)

Dec. 28, 2022

Dec. 28, 2022

PACER
84

REPLY MEMORANDUM by Wexford Health Sources, Inc. to 75 Response In Opposition. (Herrick, Jordan)

Dec. 29, 2022

Dec. 29, 2022

PACER
85

REPLY by Michael Francis to 78 Response In Opposition. (Williams, Chip)

Dec. 29, 2022

Dec. 29, 2022

PACER
86

AMENDED MOTION by Edward L. Harmon, Michael D. Rose for Leave to Amend the Complaint re: 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Class Action Complaint (Williams, Russell)

Dec. 30, 2022

Dec. 30, 2022

PACER
87

MEMORANDUM OF LAW by Edward L. Harmon, Michael D. Rose in support of 86 AMENDED MOTION by Edward L. Harmon, Michael D. Rose for Leave to Amend the Complaint re: 30 MOTION by Michael D. Rose, Edward L. Harmon for Leave to Amend re: 7 Amended Class Action Complaint (Williams, Russell)

Dec. 30, 2022

Dec. 30, 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: Mooted before ruling

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

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Bathing and hygiene

Bathrooms

Classification / placement

Conditions of confinement

Disciplinary procedures

Food service / nutrition / hydration

Neglect by staff

Personal injury

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Crowding / caseload

Sexual abuse by residents/inmates

Medical/Mental Health Care:

Medical care, general

Policing:

Inadequate citizen complaint investigations and procedures