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Judge dismisses federal lawsuit over West Virginia prison and jail conditions

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Judge dismisses federal lawsuit over West Virginia prison and jail conditions


CHARLESTON, W.Va. — A federal judge has dismissed a lawsuit that sought to force West Virginia to spend $330 million to improve prison and jail conditions statewide and fill worker vacancies.

U.S. District Judge Irene Berger ruled Tuesday in Beckley in favor of motions by Gov. Jim Justice and state Homeland Security Secretary Mark Sorsaia to dismiss the suit.

The lawsuit was filed in August 2023 by inmates at the maximum-security Mount Olive Correctional Complex in Fayette County and the Southwestern Regional Jail in Logan County and on behalf of a juvenile at a detention facility in Boone County.

Berger found the plaintiffs had no standing to pursue the lawsuit, ruling there was no direct connection between the conduct of Justice and Sorsaia and the allegations in the lawsuit that overcrowding was ignored and that regular funding wasn’t provided for facility upkeep.

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While the plaintiffs sought the spending of state budget surplus funds to address corrections staffing and deferred maintenance of prison and jail facilities, “Secretary Sorsaia’s budget authority extends only so far” because it requires legislative approval, Berger wrote.

Berger also said she could not order the Republican governor to use his discretionary power to commute sentences and pardon inmates to address overcrowding.

In May, Justice ended a nearly two-year state of emergency over staffing in the state Division of Corrections and Rehabilitation. The state National Guard was used to help stop worker attrition at jails and prisons. Last summer, the vacancy rate was more than 30%. Just over 730 National Guard members worked in 17 correctional facilities while the state of emergency was in place.

Gen. William E. Crane, the state National Guard’s adjutant general, had said nearly 240 people have graduated from the state’s corrections academy since January, while 38 National Guard members assigned to work in the jails and prisons decided to stay on permanently.

Last summer, state lawmakers meeting in a special session approved over $21 million for correctional officer pay increases, along with two one-time bonuses of $2,294 for other jail staff who are not correctional officers, such as kitchen staff.

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Last year, the state agreed to pay $4 million to settle a separate class-action lawsuit filed by inmates over conditions at the Southern Regional Jail in Beaver.



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United Way of Central WV sells out of ducks for Great Rubber Duck Race 2024

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United Way of Central WV sells out of ducks for Great Rubber Duck Race 2024


As of Friday afternoon, all rubber ducks for the 2024 Great Rubber Duck Race are sold.

The race is an event that helps raise money to be used for the community. Eyewitness News spoke with Margaret O’Neal, president of the United Way of Central West Virginia, shortly after the rubber ducks sold out.

“We’re all a little bit hysterical and in tears because 10,000 ducks is a whole lot, and we have literally sold about 2,500 in the last 24 to 36 hours,” she said.

Selling 10,000 rubber ducks was the goal for the organization.

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“We live in a wonderful community and tomorrow when all 10,000 of those ducks get dumped off the south side bridge, everybody that bought one should just know that you contributed to buying shoes for kids and making sure seniors have what they need and that healthcare is accessible and education is important,” O’Neal said.

O’Neal told Eyewitness News volunteers have worked hard to get the ducks ready for their big race on Saturday. She said they rent the rubber ducks from a company.

“We received them in town about three weeks ago from the last race they were in. We take the tags off from that race and then we put new tags on for our race. After they’re dumped off we have a bunch of volunteers, Kanawha River Navy, lots of strong backs that’ll help us get the ducks back out of the water,” O’Neal said.

The first 10 ducks will win prizes, with the first duck winning $4,000. If your duck comes in last, no worries. O’Neal said you will get 25 ducks in next year’s race.

“We didn’t really think we’d get there,” she said. “We didn’t think we’d sell out. It’s just a really happy day for the United Way today.”

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The Great Rubber Duck Race will start around noon on Saturday. To see the ducks get dumped into the water, you can sit in the Hadad Riverfront Park stage area.



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Iowa State football opponent preview: Loaded West Virginia offense will test Cyclones

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Iowa State football opponent preview: Loaded West Virginia offense will test Cyclones


Dual-threat quarterback Garrett Greene among key players back from 9-win season

West Virginia quarterback Garrett Greene runs past North Carolina defensive back Kaleb Cost during the first half of the Duke’s Mayo Bowl Wednesday, Dec. 27, 2023, in Charlotte, N.C. (AP Photo/Chris Carlson)

Editor’s note: Sixth in a 12-part series previewing each of Iowa State’s 2024 regular-season opponents.

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AMES — West Virginia football coach Neal Brown not only saved his job, but also established goodwill after guiding the Mountaineers to their first season featuring nine wins or more since 2016.

West Virginia is poised to build off of that in 2024 — and will get to face Matt Campbell’s Cyclones in Morgantown.

The Mountaineers are loaded on offense. Dual-threat quarterback Garrett Greene (29 total touchdowns, four interceptions) returns, as do top running backs C.J. Donaldson and Jaheim White. That duo combined for 1,640 rushing yards and 15 rushing touchdowns last season, making it one of the most potent in the Big 12 — although Donaldson has been injury-prone. Greene led West Virginia in rushing touchdowns with 13 last season, but he completed just 53 percent of his passes.

West Virginia must replace leading receiver Devin Carter, but the addition of Oklahoma State’s Jaden Bray via the transfer portal — along with a long list of talented returners — should help in that regard.

The Mountaineers’ offensive line is one of the best units in the Big 12. Senior tackle Wyatt Milum is the program’s lone preseason all-conference selection by the media.

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So does West Virginia have a weakness? Possibly. The defense needed to rebuild at cornerback via the transfer portal and was middling last season (64th in scoring defense nationally, 68th in total defense). The Mountaineers led the league in sacks last season with 33 and should boast a strong pass rush again.

Iowa State vs. West Virginia: 3 things to watch

1. Can the Cyclones’ offense achieve balance? West Virginia’s defense was marginally better against the run than the pass last season and features playmakers at each level. ISU will need a blend of solid runs from Abu Sama and company and big passing connections from Rocco Becht and his cohort of pass catchers in order to keep up on the scoreboard.

2. How will ISU’s defense contain Greene? The Mountaineers are adept at springing big plays in the run game, so keeping Greene off balance will be critically important if the Cyclones want to have a chance to win this one. His inaccuracy through the air is offset by his efficiency (16 passing touchdowns to just four interceptions last season). Staying gap sound while still applying a strong pass rush will be key, as Greene is capable of breaking off runs of 10 yards or more frequently.

3. How does ISU’s defensive line find a way to thrive? The Cyclones are deep up front on the defensive side of the ball, but stars must emerge from that group. Seniors such as Joey Peterson and J.R. Singleton may be poised to take that next step, as are juniors Tyler Onyedim and Domonique Orange. Sprinkle in talented transfer edge rusher Kenard Snyder and others (including redshirt freshman Zaimir Hawk), and ISU’s D-line should at least hold its own against West Virginia’s burly offensive front.

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Iowa State vs. West Virginia: 2024 prognosis

This matchup will likely come down to a key series or two. The team that commits the fewest turnovers will win in a game that should remain close into the final minutes.

Comments: robgray18@icloud.com





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West Virginia Folklife Apprenticeship Program applications now open

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West Virginia Folklife Apprenticeship Program applications now open


BRIDGEPORT, W.Va (WDTV) – Applications are now open for the 2024/25 West Virginia Folklife Apprenticeship Program.

This program supports traditional artists and their apprentice in a year-long apprenticeship in a variety of traditional art forms.

Apprenticeships may include those in traditional music, dance, foodways, storytelling and more in any cultural community in the state, officials said.

Artists and apprentices must apply for the funds together.

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West Virginia Folklife will award $3,000 to support the teaching artist and $800 to the apprentice. They may also request an additional $400 to cover expenses such as documentation or public presentation supplies, necessary tools and/or travel.

Applications for the program opened July 1st and will close on August 26th. Winners will be notified in October of this year.

To apply, visit https://wvfolklife.org/folklife-apprenticeship-program/.



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