Lawyer files for statewide injunction over conditions in WV corrections facilities

BECKLEY, W.Va. (WVVA) – One of the lawyers representing hundreds of inmates in a federal class-action lawsuit over the conditions in West Virginia’s corrections system is asking a federal judge to order the state to make necessary repairs right now.  Beckley attorney Stephen New filed an injunction asking for immediate relief to what he calls “unconstitutional conditions in the Mountain State’s jails and prisons. “I’m asking the judge to enjoin the state of West Virginia from permitting these unconstitutional conditions to exist. To force the state of West Virginia to spend the $330 million that corrections officials have testified, it would take to correct these,” New said in a phone interview.  The Beckley-based attorney tells WVVA he filed the motion seeking injunctive relief on Tuesday.

It’s the newest development in the ongoing lawsuit regarding the conditions inside the corrections system, which New says includes neglected maintenance issues, severe overcrowding, and serious under staffing of corrections facility statewide.  New says it is in-action by lawmakers in their recent special session to address some of the maintenance issues prompted his filing, “West Virginia government never gets in a hurry where prisoners are concerned.  So we are asking a judge to put in order in place that forces the state, especially in a year like this, where there are budget surpluses to spend the money needed to make the corrections to these conditions,” said New.

New says there’s no response from the state at this time, but he’s not sure if they were served before the end of the business day Tuesday, adding there’s no timeline as to when the judge will issue a ruling on his request for the statewide injunction.  Stay with WVVA for new developments in this case.  We will share any response we receive from the state online and on-air on WVVA News.

Copyright 2023 WVVA. All rights reserved.