Current:Home > ScamsUS magistrate cites intentional evidence destruction in recommending default judgment in jail suit -Blueprint Wealth Network
US magistrate cites intentional evidence destruction in recommending default judgment in jail suit
View
Date:2025-04-17 17:50:48
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! (6356)
Related
- Costco membership growth 'robust,' even amid fee increase: What to know about earnings release
- J.K. Dobbins becomes latest ex-Ravens player to sign with Jim Harbaugh's Chargers
- Minnesota Wild sign goalie Marc-Andre Fleury to one-year extension
- Justice Department nears settlement with Larry Nassar victims over FBI failures
- Intel's stock did something it hasn't done since 2022
- Justice Department nears settlement with Larry Nassar victims over FBI failures
- Justice Department ramps up efforts to reduce violent crime with gun intel center, carjacking forces
- 1985 homicide victim found in shallow grave in Florida identified as Maryland woman
- 'We're reborn!' Gazans express joy at returning home to north
- LeBron James, Stephen Curry and Kevin Durant to lead star-studded roster at Paris Olympics
Ranking
- All That You Wanted to Know About She’s All That
- John Lennon and Paul McCartney's sons Sean and James release first song together
- Hatchings of California condor chicks mark milestone for endangered species: Watch video
- After 13 Years, No End in Sight for Caribbean Sargassum Invasion
- Trump suggestion that Egypt, Jordan absorb Palestinians from Gaza draws rejections, confusion
- J.K. Dobbins becomes latest ex-Ravens player to sign with Jim Harbaugh's Chargers
- Psst, H&M's Sale Section is Filled With Trendy & Affordable Styles That Are Up to 72% Off Right Now
- Going Out Bags Under $100: Shoulder Bags, Clutches, and More
Recommendation
Bodycam footage shows high
With 'Suffs,' Hillary Clinton brings a 'universal' story of women's rights to Broadway
NBA bans Toronto Raptors' Jontay Porter after gambling investigation
Attorney general won’t file criminal case against LA officer in 2021 shooting that killed teen
Pregnant Kylie Kelce Shares Hilarious Question Her Daughter Asked Jason Kelce Amid Rising Fame
25 years after Columbine, trauma shadows survivors of the school shooting
Plumbing repairs lead to startling discovery of century-old treasure hidden inside Michigan home
NFL draft host cities: Where it's been held recently, 2025 location, history