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No Resources for Programs to Help Prisoners Make Parole in West Virginia

Article • November 10, 2015

Filed under: Parole Board Misconduct, Overcrowding, Parole, Parole Conditions

No Resources for Programs to Help Prisoners Make Parole in West Virginia by Christopher Zoukis No Resources for Programs to Help Prisoners Make Parole in West Virginia by Christopher Zoukis West Virginia's prison and jail population has continued to grow despite the passage of a sweeping prison reform bill, so …

Former West Virginia Judge Pleads Guilty, Sentenced

Article • September 25, 2015 • from PLN October, 2015

Filed under: Judicial Misconduct

Former West Virginia Judge Pleads Guilty, Sentenced by Joe Watson Former West Virginia Judge Pleads Guilty, Sentenced by Joe Watson A former Mingo County, West Virginia circuit judge was sentenced to 50 months in federal prison and fined $6,000 after pleading guilty to federal conspiracy charges which grew out of …

West Virginia Prisoner Wins Over $905,000 in FTCA Claim

Article • September 25, 2015 • from PLN October, 2015

Filed under: Federal Tort Claims Act

West Virginia Prisoner Wins Over $905,000 in FTCA Claim by Derek Gilna West Virginia Prisoner Wins Over $905,000 in FTCA Claim by Derek Gilna A federal prisoner was seriously and permanently injured when, after fleeing from a prison fight, he slipped in a pool of blood and slammed into a …

Fourth Circuit Finds Strip Searches and Delousing of Arrestees Constitutional

Article • August 28, 2015 • from PLN September, 2015

Filed under: Strip Searches, Arrestee Searches

Fourth Circuit Finds Strip Searches and Delousing of Arrestees Constitutional by Lonnie Burton Fourth Circuit Finds Strip Searches and Delousing of Arrestees Constitutional by Lonnie Burton On November 14, 2014, the Fourth Circuit Court of Appeals ruled in favor of the defendants in a case brought by two former prisoners …

West Virginia City Settles Suit over Jail Prisoner’s Death for $460,000

Article • July 31, 2015 • from PLN August, 2015

Filed under: Cardiovascular, Medical Neglect/Malpractice

West Virginia City Settles Suit over Jail Prisoner’s Death for $460,000 by Matthew Clarke West Virginia City Settles Suit over Jail Prisoner’s Death for $460,000 by Matt Clarke On June 10, 2013, following a $460,000 settlement, a West Virginia federal court dismissed a lawsuit filed by the estate of a …

Giambalvo v. USA, WV, Order, medical malpractice, 2015

Brief • March 12, 2015

Filed under: Malpractice

Giambalvo v. USA, WV, Order, medical malpractice, 2015 Case 1:11-cv-00014-JES Document 164 Filed 03/12/15 Page 1 of 27 PageID #: 1723 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MICHAEL PATRICK GIAMBALVO, Plaintiff, v. Civil Action No. 1:11-CV-14 UNITED STATES OF AMERICA, Defendant. FINDINGS OF …

West Virginia Woman under House Arrest Awarded $275,000 for Rape by Court Officer

Article • January 15, 2015

Filed under: Staff-Prisoner Assault, Assault by Police

West Virginia Woman under House Arrest Awarded $275,000 for Rape by Court Officer by Matthew Clarke West Virginia Woman under House Arrest Awarded $275,000 for Rape by Court Officer by Matt Clarke On October 12, 2012, a West Virginia federal jury awarded $275,000 to a woman who’s home confinement supervisor …

West Virginia Public Defender Disbarred for Child Prostitution “Hoax”

Article • January 10, 2015 • from PLN January, 2015

Filed under: Attorney Misconduct, Public Defenders

West Virginia Public Defender Disbarred for Child Prostitution “Hoax” by West Virginia Public Defender Disbarred for Child Prostitution “Hoax” A former West Virginia public defender has agreed to give up his license to practice law in the wake of a scandal involving allegations that he offered to sell children for …

Prosecutors Breaking Bad

Article • November 8, 2014 • from PLN November, 2014

Filed under: Attorney Misconduct, Prosecutors, Wrongful Conviction, Criminal Procedure

Prosecutors Breaking Bad by Prosecutors Breaking Bad The following are various cases in which prosecutors have reportedly engaged in misconduct, ethical violations or criminal behavior, which evidence the need for effective solutions to the persistent problem of prosecutorial abuses. California In 2012, the California Supreme Court overturned the death sentence …

No Country for Young Men

Article • October 28, 2014

Filed under: Sentencing, Juveniles, Juvenile Prisons

No Country for Young Men by Dana Goldstein No Country for Young Men Junior Smith was a troubled kid who needed help. Instead, West Virginia sent him to jail. By Dana Goldstein, October 6, 2014   On Feb. 27, 2013, 17-year-old Junior Smith was summoned to the front office of …

The Untold Story Of What Happened At An Overcrowded West Virginia Jail After The Chemical Spill

Article • June 2, 2014

Filed under: Primecare Medical, Overcrowding, Water, Control Units/SHU/Solitary Confinement

The Untold Story Of What Happened At An Overcrowded West Virginia Jail After The Chemical Spill by Christie Thompson The Untold Story Of What Happened At An Overcrowded West Virginia Jail After The Chemical Spill By Christie Thompson When roughly 10,000 gallons of chemicals leaked into a West Virginia watershed …

Report on Water Crisis at West Virginia Jail, 2014

Publication • 2014

Filed under: Toxic Fumes/Chemicals, Water

Report on Water Crisis at West Virginia Jail, 2014 Negligence and Malice: A Preliminary Report on the Water Crisis at South Central Regional Jail Published by the Stories from South Central Project http://www.storiesfromsouthcentralwv.com In the wake of the 10,000gallon chemical spill into the Elk River in January 2014, hundreds of …

Jones v. United States, WV, Judgment, Failure to Protect, 2014

Brief • April 7, 2014

Filed under: Failure to Protect (General)

Jones v. United States, WV, Judgment, Failure to Protect, 2014 Case 2:11-cv-00094-JPB-JES Document 200 Filed 04/07/14 Page 1 of 38 PageID #: 3143 IN THE UNITED STATES DISTRICT COURT FOR HE NORTHERN DISTRICT OF WEST VIRGINIA Elkins TERRY JONES, Plaintiff, v. Civil Action No. 2:11-CV-94 Judge Bailey UNITED STATES OF …

West Virginia Sex Offender Does Not Have Right to Attend Specified Church

Article • February 15, 2014 • from PLN February, 2014

Filed under: Classification, Home Detention, Sex Offenders (Discrimination), Denial of Religious Services

West Virginia Sex Offender Does Not Have Right to Attend Specified Church by The West Virginia Supreme Court held on February 22, 2013 that a convicted sex offender does not have an automatic right to attend religious services of his choice. The Court’s ruling was not based on the right …

Restitution Not Owed for Arrest Costs, West Virginia Court Holds

Article • February 15, 2014 • from PLN February, 2014

Filed under: Crime/Demographics, Escapes, Restitution

Restitution Not Owed for Arrest Costs, West Virginia Court Holds by Derek Gilna Petitioner Michael John McGill appealed his December 2010 state conviction for escape from home confinement while on bail and the sentencing judge’s order that he pay $8,261.56 in “restitution to the State for costs associated with apprehending …

Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges

Article • November 15, 2013 • from PLN November, 2013

Filed under: Misconduct/Corruption, Government Misconduct, Judicial Misconduct, Prosecutor/Attorney General Misconduct

Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges by Christopher Zoukis A former West Virginia judge is facing up to ten years in federal prison after pleading guilty to charges that he conspired to protect a county sheriff from allegations of drug-related activity. Former Mingo County Circuit …

Cantley v. WV Regional Jail & Correctional Facility Authority, Judgment, Jail Strip Search Policy, 2013

Brief • October 4, 2013

Filed under: Strip Searches, Arrestee Searches

Cantley v. WV Regional Jail & Correctional Facility Authority, Judgment, Jail Strip Search Policy, 2013 Elmer Robert Keach LAW OFFICES OF ELMER ROBERT KEACH, III P. O. Box 70 Amsterdam NY 12010 3:09cv00758 TERESA L. DEPPNEH. CLERK Blackburn v. Snow, 111 Cantley v. W. Va. Reg IJail & Corr. Fac. …

West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld

Article • August 15, 2013 • from PLN August, 2013

Filed under: Parole, Parole Conditions, Family, Marriage

West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld by West Virginia's Supreme Court has upheld a circuit court's authority to impose court-supervised parole, and affirmed a parole condition that barred a parolee's association with convicted felons – including her spouse. On June 9, 2009, Karen Tanner pleaded …

Registered Sex Offender Not Required to Reregister After Overnight Jailing

Article • May 15, 2013

Filed under: Discrimination, Sex Offender Registration

Registered Sex Offender Not Required to Reregister After Overnight Jailing by A registered sex offender was arrested on a non-related charge. After one night in jail, he failed to comply with the West Virginia Sex Offender Registration Act by not reregistering by the third business day. The State indicted Timothy …

W. Virginia Supreme Court of Appeals Rejects Constitutional Challenge to State’s Sex Offender Registration Act

Article • May 15, 2013

Filed under: Discrimination, Sex Offender Registration

W. Virginia Supreme Court of Appeals Rejects Constitutional Challenge to State’s Sex Offender Registration Act by In June 2012, the Supreme Court of Appeals of West Virginia addressed two certified questions from the Circuit Court of Pleasant County, both concerning the constitutionality of West Virginia’s Sex Offender Registration Act (SORA). …