CHARLESTON, W.Va. – A federal judge has dismissed a lawsuit that aimed to compel West Virginia to allocate $330 million for improving prison conditions and filling staff vacancies.
On Tuesday, U.S. District Judge Irene Berger ruled in Beckley that the lawsuit, filed by inmates from the Mount Olive Correctional Complex, Southwestern Regional Jail, and a juvenile detention facility, could not proceed. Judge Berger supported motions from Governor Jim Justice and Homeland Security Secretary Mark Sorsaia to dismiss the case.
The judge decided that the plaintiffs lacked the standing to bring the lawsuit, as there was no direct link between the actions of Justice and Sorsaia and the claims of overcrowding and insufficient facility maintenance. Berger also noted that Secretary Sorsaia’s budget authority is limited and requires legislative approval.
The judge clarified that she could not order the governor to use his power to address overcrowding through commutations or pardons.
In May, Governor Justice ended a nearly two-year state of emergency related to staffing shortages in the state’s correctional facilities. During the emergency, the National Guard helped manage the staffing crisis, which had left more than 30% of positions vacant. Since then, over 730 National Guard members assisted in correctional facilities, and nearly 240 new recruits have graduated from the state’s corrections academy.
Additionally, last summer, state lawmakers approved over $21 million for pay increases for correctional officers and bonuses for other jail staff. The state also settled a separate lawsuit over conditions at the Southern Regional Jail for $4 million.