Current:Home > InvestUS magistrate cites intentional evidence destruction in recommending default judgment in jail suit -FinTechWorld
US magistrate cites intentional evidence destruction in recommending default judgment in jail suit
SignalHub Quantitative Think Tank Center View
Date:2025-04-10 15:11:44
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! (7)
Related
- See you latte: Starbucks plans to cut 30% of its menu
- LeanIn says DEI commitments to women just declined for the first time in 10 years
- How Golden Bachelorette Joan Vassos Dealt With Guilt of Moving On After Husband's Death
- Federal Reserve is set to cut interest rates for the first time in 4 years
- Scoot flight from Singapore to Wuhan turns back after 'technical issue' detected
- John Thune is striving to be the next Republican Senate leader, but can he rise in Trump’s GOP?
- Loungefly’s Hauntingly Cute Halloween Collection 2024: Disney, Sanrio, Coraline & More — All on Sale Now
- Mississippi program aims to connect jailed people to mental health services
- Justice Department, Louisville reach deal after probe prompted by Breonna Taylor killing
- Mississippi program aims to connect jailed people to mental health services
Ranking
- Scoot flight from Singapore to Wuhan turns back after 'technical issue' detected
- Most maternal deaths can be prevented. Here’s how California aims to cut them in half
- Many women deal with painful sex, bladder issues. There's a fix, but most have no idea.
- Georgia house fire victims had been shot before blaze erupted
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Hi Hi!
- Chris Hemsworth Can Thank His 3 Kids For Making Him to Join Transformers Universe
- Atlantic City mayor, wife indicted for allegedly beating and abusing their teenage daughter
- US sends soldiers to Alaska amid Russian military activity increase in the area
Recommendation
Nevada attorney general revives 2020 fake electors case
Florida sheriff posts mug shot of 11-year-old charged in fake school shooting threat
New Jersey voters are set to pick a successor to late congressman in special election
Into the Fire’s Cathy Terkanian Denies Speculation Vanessa Bowman Is Actually Aundria Bowman’s Daughter
Tarte Shape Tape Concealer Sells Once Every 4 Seconds: Get 50% Off Before It's Gone
Jason Kelce Has Cheeky Response to Critic “Embarrassed” by His Dancing
As Jimmy Carter nears his 100th birthday, a musical gala celebrates the ‘rock-and-roll president’
NASA plans for launch of Europa Clipper: What to know about craft's search for life