Women claim to be assaulted in jail

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HUNTINGTON — Twenty-one women have filed lawsuits claiming they were victims of sexual misconduct while in West Virginia prisons and jails, including one case that has resulted in a $100,000 pending settlement, according to attorneys representing the women.

The lawsuits contend the misconduct ranged from sexual harassment and groping to sexual assault, also known as rape, and occurred from the summer of 2005 to January 2009.

The lawsuits allege that incidents occurred at Lakin Correctional Center in Mason County and Anthony Correctional Center in Greenbrier County, along with the Southern Regional Jail near Beckley, according to plaintiff attorneys Mike Woelfel, Kerry Nessel and Matt Woelfel of Huntington.

The state’s Division of Corrections, Regional Jail Authority and Department of Education are among the listed defendants, along with 10 individuals. Those individuals included an associate warden, a lieutenant, a principal of prison education and other correctional officers, the plaintiffs’ attorneys said.

Female inmates in West Virginia are detained at Lakin, Anthony, work-release facilities and the state’s 10 regional jails.

Deputy Cabinet Secretary Joe Thornton, whose oversight includes the state’s incarceration system, declined comment regarding specific allegations. Attorney Andrew Brison, who represents the Jail Authority and one of the individual defendants, also declined comment.

Other defense attorneys were not available for comment Tuesday.

Thornton said state officials are aware of the overall issue. He said proactive policies and procedures have been implemented and investigations occur when claims are reported. Among changes have been placement of “top-notch” wardens, increased vigilance and broader installation of surveillance cameras, he said.

“Is that a fool-proof system to keep things from happening?” he asked. “Obviously not. Anytime you have a system in place, somebody’s going to find a way to circumvent it. That is the nature of how it is.”

Nessel said the frequency of the abuse alleged in the lawsuits varied from one-time acts to consistent, constant abuse. Nessel said he and his partners are not scouring for potential victims.

“A woman having the courage to pursue this matter and seek justice, begets another woman to do the same,” Nessel said. “It’s a chain reaction.”

The pending, six-figure court settlement involves a U.S. District Court case of a woman detained at Anthony. She was a non-violent offender assigned to be part of the adult workforce at the facility, which is a center for youthful offenders. Her lawsuit claims she was sexually assaulted by an associate warden from April to May 2005. The case was filed Oct. 24, 2008, and Mike Woelfel said the settlement agreement was signed this week through mediation.

Woelfel said total value of the proposed settlement is $100,000, but the amount is subject to the court’s approval. The Division of Corrections and another of its employees were cleared of any wrongdoing in case, Woelfel said.

The remaining 20 cases are filed in Kanawha Circuit Court.

Nessel said the 21 plaintiffs were abused at times when they were incarcerated for acts ranging from uttering to murder. Mike Woelfel said many of them acknowledge prior wrongdoings placed them in jail, but they argue their punishment should not include sexual abuse and assault.

“The average person on the street might say, ‘These women are in jail. They deserve whatever they get,’” he said. “Even Christ embraced the concept that we all have human dignity and human rights.”

Thornton said the state agrees that no offender deserves such abuse. He said the role of state prisons and jails is to provide a safe, secure environment while inmates are rehabilitated.

The plaintiff attorneys said their cases should not cast negative light on the entire prison and jail system, but expose those the attorneys believe are responsible for problems. Of the 10 individual defendants, the plaintiffs’ attorneys estimate six to seven are no longer working for the employer. Some were terminated. Others resigned. Three to four deny their allegations and still are employed with the state, the plaintiffs’ attorneys said.

“The rotten apples are being ferreted out, discarded and prosecuted,” Mike Woelfel said.

One plaintiff, former Lt. David Wayne Masters, pleaded guilty last year in Greenbrier Circuit Court to sexual intercourse or intrusion with an inmate. He received one year of probation in lieu of a one- to five-year suspended prison sentence. The alleged victim is a convicted murderer placed at Anthony.

Nessel said his heart breaks upon hearing some of his clients’ stories.

“I’ll break down in tears from abuse I’ve just heard come out of these women’s mouth,” he said. “More importantly from seeing them trembling in a state of fear and a lot of times blaming themselves for some reason.”

The attorneys said they are continuing to investigate claims from a dozen or more women with similar allegations.

Woelfel said his team has investigated claims by seven women whose cases never progressed to an actual lawsuit because of credibility issues. Two additional lawsuits, not included within the 21 still pending, were voluntarily dismissed upon further review, he said.

The plaintiffs’ attorneys acknowledge their clients seek monetary awards, but both said the women also are taking stands to change the system. They hope standing up will punish their attackers and protect fellow inmates from future abuse.

The plaintiffs’ attorneys described their female clients as courageous. They explained it is a challenge for a convicted felon to take on the state Division of Corrections — an agency with responsibility for their detention and a voice in deciding upon parole.

Woelfel said he has represented women abused in prisons since the early 2000s. He said he has seen positive change within the state’s prison and jail system, including some he described as “fairly dramatic.” He, too cited, the appointment of higher-caliber staff, more vigilance and increased use of surveillance cameras.

In the “distant past,” Mike Woelfel claimed, some wardens looked the other way, showed too much loyalty to staff and expressed a cavalier attitude toward sexual misconduct that they perceived to be consensual. He argued state law, since 2000, has removed consent as any defense in a case involving a staff member and sexual intercourse or intrusion with an inmate detained in a criminal case.

The plaintiffs’ attorneys did not point to any cases at the Western Regional Jail in Barboursville.
 

The Herald-Dispatch

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