Current:Home > ScamsUS magistrate cites intentional evidence destruction in recommending default judgment in jail suit -GrowthProspect
US magistrate cites intentional evidence destruction in recommending default judgment in jail suit
Johnathan Walker View
Date:2025-04-10 01:43:43
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! (4698)
Related
- Former Danish minister for Greenland discusses Trump's push to acquire island
- 'Poor Things' director praises Bruce Springsteen during Golden Globes acceptance speech: Watch
- Irish singer Sinead O’Connor died from natural causes, coroner says
- Florida woman arrested after police say she beat poodle to death with frying pan
- The Louvre will be renovated and the 'Mona Lisa' will have her own room
- I’m a Shopping Editor, Here Is My New Year’s Skincare Resolutions List for 2024
- Before a door plug flew off a Boeing plane, an advisory light came on 3 times
- Colts owner Jim Irsay being treated for 'severe respiratory illness'
- Biden administration makes final diplomatic push for stability across a turbulent Mideast
- Irish singer Sinead O’Connor died from natural causes, coroner says
Ranking
- Opinion: Gianni Infantino, FIFA sell souls and 2034 World Cup for Saudi Arabia's billions
- Colts owner Jim Irsay being treated for 'severe respiratory illness'
- Powerball winning numbers for January 8 drawing; Jackpot at $46 million after big win
- The best TV of early 2024: Here's what to watch in January
- Mets have visions of grandeur, and a dynasty, with Juan Soto as major catalyst
- Wisconsin judge rules that absentee voting van used in 2022 was illegal
- Upgrade Your 2024 Wellness Routine with Cozy Essentials & Skin-Pampering Must-Haves
- Golden Globes brings in 9.4 million viewers, an increase in ratings
Recommendation
Trump suggestion that Egypt, Jordan absorb Palestinians from Gaza draws rejections, confusion
Mississippi governor says he wants young people to stop leaving the state
A$AP Rocky pleads not guilty to felony charges: What to know about A$AP Relli shooting case
Michigan’s ability to contend for repeat national title hinges on decisions by Harbaugh, key players
Appeals court scraps Nasdaq boardroom diversity rules in latest DEI setback
Kenyan court: Charge doomsday cult leader within 2 weeks or we release him on our terms
Christopher Briney Is All of Us Waiting for The Summer I Turned Pretty Season 3 Secrets
Which was the best national championship team of the CFP era? We ranked all 10.