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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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Strong wind at NCAA baseball tournament in West Virginia sends 5 people to the hospital

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Strong wind at NCAA baseball tournament in West Virginia sends 5 people to the hospital


MORGANTOWN, W.Va. (AP) — Five people were taken to the hospital for treatment of injuries sustained when a strong wind tore through an area occupied by fans at the Morgantown Super Regional NCAA baseball tournament game between West Virginia and Cal Poly on Saturday, according to the university.

Video from the storm showed rain and wind that reached speeds of 40 mph tearing up a tent, with one person flying through the air while trying to hold it down as another person rolls uncontrollably down a hill.

Other fans scrambled for safety from an area known as Randy’s Ridge near the Kendrick Family Ballpark.

“I was just trying to hold my weight on the pole with the cement block, and then it started sliding, and then another guy joined in, and he’s trying to hold another pole, and then a big gust of wind came,” West Virginia fan Keith Hill told WAJR radio. “It just started sliding really hard, and people got caught up in the ropes and the poles.”

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West Virginia University police confirmed that five people were transported to a hospital.

The game was in a weather delay at the time.

“We have been in touch with health-care providers in the area to ensure those affected are supported in their recovery,” West Virginia athletics spokesperson Michael Fragale said in a statement.

West Virginia won the game 17-1 to advance to the College World Series for the first time in program history.

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AP college sports: https://apnews.com/hub/college-sports





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Fans injured at WVU baseball game after heavy winds blow over event tent

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Fans injured at WVU baseball game after heavy winds blow over event tent


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Multiple West Virginia baseball fans were injured during Saturday’s Morgantown Super Regional between the Mountaineers and Cal Poly.

A spokesperson for West Virginia Athletics confirmed to USA TODAY Sports on Saturday that several fans sustained injuries during a weather delay after heavy winds blew an event tent over at an adjacent parking lot to Wagener Field at Kendrick Family Ballpark in Morgantown, West Virginia.

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“WVU would like to thank the immediate response of EMS, law enforcement and fire first responders who immediately secured the area and treated the injured spectators. While it was a great day for Mountaineer baseball, all of Mountaineer Nation’s thoughts are with those who were involved,” the statement read.

Saturday’s game between the Mountaineers and Mustangs was delayed in the eighth inning for over an hour and a half due to weather in the area, which included thunderstorms and lightning. The statement said five people were transported to a local hospital for treatment.

“We have confirmed through the University Police Department that five people were transported for treatment. We have been in touch with health care providers in the area to ensure those affected are supported in their recovery,” the statement said.

In a post on X (formerly Twitter), West Virginia athletic director Wren Baker asked for prayers for the fans who were injured.

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On the field, No. 16 West Virginia defeated Cal Poly 17-1 to finish off the sweep of the Morgantown Super Regional and advance to the program’s first College World Series. Ben Lumsden and Tyrus Hall hit back-to-back home runs as part of the Mountaineers’ seven-run second inning.

West Virginia is set to open up play at the College World Series against Troy either Friday, June 12 or Saturday, June 13. The NCAA has not released official start times and dates for the CWS.

The USA TODAY app gets you to the heart of the news — fastDownload for award-winning coverage, crosswords, audio storytelling, the eNewspaper and more.



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Starting Lineups + Live Score Updates for West Virginia vs. Cal Poly — Game 2

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Starting Lineups + Live Score Updates for West Virginia vs. Cal Poly — Game 2


West Virginia took game one from Cal Poly 12-2 on Friday and will look to end the series today and punch their ticket to Omaha. The Mustangs are hoping to live another day and force a decisive game three on Sunday.

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Per usual, we will have all the updates for you in the game thread, along with the starting lineups listed underneath.

GAME THREAD

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TOP 1 (WVU)

West Virginia’s starting lineup

1. 1B Armani Guzman — .310
2. C Gavin Kelly —.377
3. CF Paul Schoenfeld — .341
4. DH Sean Smith — .321
5. LF Matthew Graveline — .292
6. SS Matt Ineich — .296
7. 2B Brodie Kresser — .292
8. RF Ben Lumsden — .257
9. 3B Tyrus Hall – .275

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SP Maxx Yehl

Cal Poly’s starting lineup

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1. SS Nate Castellon — .326
2. 3B Alejandro Garza — .323
3. RF Dylan Kordic — .277
4. C Ryan Tayman — .360
5. DH Cam Hoiland — .315
6. CF Casey Murray Jr .— .321
7. 1B Gavin Spiridonoff — .291
8. LF Dante Vachini — .288
9. 2B Jake Downing — .272

SP Carson Turnquist

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