Current:Home > NewsUS magistrate cites intentional evidence destruction in recommending default judgment in jail suit -Wealth Pursuit Network
US magistrate cites intentional evidence destruction in recommending default judgment in jail suit
Will Sage Astor View
Date:2025-04-11 05:40:47
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! (547)
Related
- Juan Soto praise of Mets' future a tough sight for Yankees, but World Series goal remains
- CMT Music Awards 2023 Red Carpet Fashion: See Every Look as the Stars Arrive
- Woman in disguise tried to kill ex's wife with knife hidden in bouquet of flowers, U.K. police say
- 4 children lost in Colombian jungle found alive after being missing for 40 days
- Louvre will undergo expansion and restoration project, Macron says
- Blac Chyna Shares Her Kids King and Dream's Reactions to Her Breast and Butt Reduction Surgeries
- U.S. says Ukraine's counteroffensive against Russia will likely take a long time and come at a high cost
- At least 41 killed in rebel attack on Ugandan school near Congo border
- Current, future North Carolina governor’s challenge of power
- Pressure On The World's Biggest Polluters Is Increasing. But Can It Force Change?
Ranking
- Don't let hackers fool you with a 'scam
- Everything I Got at Ulta's Sale That I’d Paid Full Price For: St. Tropez, Iconic London, Tarte, and More
- Barbie Ferreira Reveals the Truth About Her Euphoria Exit
- Extreme Heat Is Worse For Low-Income, Nonwhite Americans, A New Study Shows
- Intellectuals vs. The Internet
- At least 41 killed in rebel attack on Ugandan school near Congo border
- Barbie Ferreira Reveals the Truth About Her Euphoria Exit
- Why Mo'Nique Thinks It's Time to Bring Back Charm School
Recommendation
Tree trimmer dead after getting caught in wood chipper at Florida town hall
A Nigerian chef cooked for more than 93 hours – breaking a Guinness World Record
Cyclone Biparjoy makes landfall in India and Pakistan packing powerful rain and wind after mass-evacuations
Jecca Blac’s Vegan, Gender-free Makeup Line Is Real, and It’s Spectacular
Where will Elmo go? HBO moves away from 'Sesame Street'
Peter Thomas Roth Flash Deal: Get $109 Worth of Hydrating Products for Just $58
Jamie Lee Curtis' Tribute to Daughter Ruby Is Everything on Transgender Day of Visibility
Jamie Lee Curtis' Tribute to Daughter Ruby Is Everything on Transgender Day of Visibility