Plaintiff attorneys lay out settlement agreement in SRJ litigation

BECKLEY, W.Va. (WVVA) – A tentative settlement agreement was laid out in federal court on Thursday, November 9. This is in reference to the ongoing litigation involving Southern Regional Jail (SRJ) in Beaver after hundreds of inmates have come forward, claiming to have suffered deplorable and inhumane conditions while being housed at the facility.

During a status conference in Beckley, Stephen New, who represents several plaintiffs in the lawsuit, proposed four $1 million insurance policies, with each policy covering one year of accidents at SRJ starting in July of 2020.

“I’m pleased with where we are,” New told WVVA. “Our team, on behalf of the current and former inmates at Southern Regional Jail, have extracted from the state actors all that could be extracted from them. It’s very complex issues of immunity, of people who hold public office from suit, recoveries, the uncertainties of litigation; and, so, from the perspective and knowing that we were limited in the amount of money we could recover, I’m pleased that the first part of the litigation is over.”

Robert Dunlap is also representing plaintiffs in this case; and while he considers the settlement a win if approved, he says he grapples with the question of equitability.

“I’m a bit torn in this case because, initially, all of these persons came forward, wet met with them and they signed up for the lawsuit; but this resolution is going to cover all individuals that lived there- stayed there- during those four specific periods of one year,” he explained.

“In a way, that seems unfair because they didn’t come to us, we didn’t sign them up, per see; but, on the other hand, just because you happen to have one of those attorneys that comes to the jail a lot and is connected with you- is it fair if you weren’t one of those individuals and you weren’t in close proximity and close contact with your counsel that you’d be left out?”

The numerous defense attorneys who represent the state actors in this case- which includes former State Department of Homeland Security Jeff Sandy; former State Corrections Commissioner Betsy Jividin; former Divisions of Corrections and Rehabilitation Executive Officer Brad Douglas; Southern Regional Jail Superintendent Mike Francis; and then Assistant Corrections Commissioner, now Commissioner William Marshall- made no objections in New’s proposal.

WVVA did reach out to them for on-camera comment, but- as of air time- received no response. However, the Secretary of Homeland Security, Mark Sorsaia, did release the following statement after Thursday’s conference.

He says, quote:

“In my capacity as Secretary of Homeland Security, I authorized settlement of all claims in the Rose v. Jividen case. Given the judge’s recommendation of default judgment looming over the case, this settlement represents the most favorable outcome for our state.

“It’s important to acknowledge that the actions of former employees within the Division of Corrections brought us to this situation. However, I want to reassure the public that these individuals are no longer employed by the Division of Corrections. I have full confidence in Southern Regional Jail Superintendent John Frame, and in our Director of the West Virginia Division of Corrections Billy Marshall to continue promoting the core mission of DCR by enhancing public safety, promoting offender accountability, and successfully reintegrating offenders into society.

“Since the outset of this case, and even under my predecessor’s tenure prior to my appointment, Governor Justice has consistently called for complete accountability and transparency in this case. Unfortunately, the actions of these former employees hindered our ability to fulfill this demand. However, both the Governor and I remain deeply committed to working diligently to ensure that transparency and accountability prevail in our efforts moving forward.

“With my over 30 years of prosecutorial experience, I am confident that we have made the right decision in this matter. This settlement was the best course of action to protect our state’s interests and limit potential financial liabilities.”

End quote.

This settlement agreement is not finalized as U.S. District Court Judge Frank Volk will make the final call after several more hearings on the matter. New, however, claims this settlement is only the first part of the litigation. He made it clear in the courtroom on Thursday that he still plans to go after the five respective county commissions and private medical entities present at Southern Regional Jail during the time of these “unconstitutional conditions.”

New and Dunlap have also stated that they will not be seeking “injunctive relief” in this lawsuit, meaning they will not force the state to fix the issues at the jail. They say this is because this relief is already being covered in the lawsuit against Governor Justice.

Stay with WVVA as this is a developing story.

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