Nov. 5, 2010
Attorney Files Sexual Misconduct Claims against West Virginia Regional Jails
Prior Complaint Alleges “Threat to Put Bullet” in Plaintiff’s Head, Obstruction Civil Rights
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A sexual misconduct suit filed earlier this year against the WV Southern Regional Jail may have resulted in eight women suing the West Virginia Regional Jail Authorities for pattern of sexual misconduct. The women come from multiple state jail facilities, according to a published reports.
That recently filed complaints allege a widespread pattern of sexual misconduct at the Southern Regional Jail and other facilities. They have been filed between Oct. 19-Oct 29. The misconduct is by male guards at the Southern Regional Jail, Beckley Correctional Center, and Lakin Correctional Center.
The Charleston Gazette reported November 1 that attorney Mike Woelfel , who represents the women, stated that the recent firing of Regional Jail Authority Director Terry Miller came amid allegations of “sexual harassment of female employees.” The Gazette quoted Woelfel as suspecting a “larger problem” within the regional jail authority.
FEDERAL COMPLAINTS
HNN has obtained a copy of a similar suit filed in U.S. District Court (Huntington) by attorney Matt and Mike Woelfel . Rebecca Duty sued David Stoner and Christopher Dameron, Southern Regional Jail correctional officers, as well as the Regional Jail Authority and unknown persons.
The Duty complaint was originally filed Feb. 26, 2010. You can download a PDF copy of it HERE. A copy of the THIRD AMENDED COMPLAINT IS HERE.
In the Third Amended Complaint, plaintiff alleges that a defendant “ejaculated in the plaintiff’s mouth on more than five occasions,” “rubbed her buttocks and fondled her breasts on multiple occasions,” and other sexual abuse in “C-Pod at SRJ usually in the hours just past midnight.”
Duty’s Amended Complaint asserted that during Plaintiff’s incarceration (at the Southern Regional Jail, SRJ), Stoner and Dameron each “threatened plaintiff with bodily harm and with pretextual disciplinary action, conspired with , aided and abetted, acted as a lookout, served as an accessory before and after the fact and acted as a principle in the second degree all with regard to illegal and improper activities.”
The Duty complaint alleges that she endured “extreme cruel and unusual punishment” while in the SRJ and that the Jail Authority exhibited “deliberate indifference and disregard for the welfare of the plaintiff.”
Asserting violations of her constitutional rights, one portion of the complaint states:
“The conduct of Defendants Stoner and Dameron was atrocious, intolerable and so extreme and outrageous as to exceed the bounds of decency and so outrageous as to offend community notions of acceptable behavior, giving rise to a claim of compensatory damages against each Defendant and punitive damages against Defendants Stoner and Dameron.
“Defendants Stoner and Dameron each sexually abused and sexually harassed Plaintiff. Various sex acts and sexual misconduct occurred. The identity of Defendant Dameron recently was confirmed by Plaintiff’s counsel. Defendant Dameron repeatedly threatened the Plaintiff when she was at the Southern Regional Jail. Defendant Dameron threatened “to put a bullet” in the Plaintiff’s head. Multiple threats were made against Plaintiff. Plaintiff is, and was, fearful of filing a civil action against Stoner and Dameron. Plaintiff continues to be in fear of each as she is incarcerated at Lakin Correctional Center under the authority of the WVDOC. Defendant Dameron’s threats have continued beyond her transfer from SRJ and were conveyed to her since being transferred to Lakin Correctional Center. Tolling of applicable statutes of limitation has occurred as contemplated by West Virginia Code, 55-2-17. David Stoner and Christopher Dameron each obstructed Plaintiff in the exercise of her civil rights.”
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Attorney Files Sexual Misconduct Claims against West Virginia Regional Jails
Prior Complaint Alleges “Threat to Put Bullet” in Plaintiff’s Head, Obstruction Civil Rights
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A sexual misconduct suit filed earlier this year against the WV Southern Regional Jail may have resulted in eight women suing the West Virginia Regional Jail Authorities for pattern of sexual misconduct. The women come from multiple state jail facilities, according to a published reports.
That recently filed complaints allege a widespread pattern of sexual misconduct at the Southern Regional Jail and other facilities. They have been filed between Oct. 19-Oct 29. The misconduct is by male guards at the Southern Regional Jail, Beckley Correctional Center, and Lakin Correctional Center.
The Charleston Gazette reported November 1 that attorney Mike Woelfel , who represents the women, stated that the recent firing of Regional Jail Authority Director Terry Miller came amid allegations of “sexual harassment of female employees.” The Gazette quoted Woelfel as suspecting a “larger problem” within the regional jail authority.
FEDERAL COMPLAINTS
HNN has obtained a copy of a similar suit filed in U.S. District Court (Huntington) by attorney Matt and Mike Woelfel . Rebecca Duty sued David Stoner and Christopher Dameron, Southern Regional Jail correctional officers, as well as the Regional Jail Authority and unknown persons.
The Duty complaint was originally filed Feb. 26, 2010. You can download a PDF copy of it HERE. A copy of the THIRD AMENDED COMPLAINT IS HERE.
In the Third Amended Complaint, plaintiff alleges that a defendant “ejaculated in the plaintiff’s mouth on more than five occasions,” “rubbed her buttocks and fondled her breasts on multiple occasions,” and other sexual abuse in “C-Pod at SRJ usually in the hours just past midnight.”
Duty’s Amended Complaint asserted that during Plaintiff’s incarceration (at the Southern Regional Jail, SRJ), Stoner and Dameron each “threatened plaintiff with bodily harm and with pretextual disciplinary action, conspired with , aided and abetted, acted as a lookout, served as an accessory before and after the fact and acted as a principle in the second degree all with regard to illegal and improper activities.”
The Duty complaint alleges that she endured “extreme cruel and unusual punishment” while in the SRJ and that the Jail Authority exhibited “deliberate indifference and disregard for the welfare of the plaintiff.”
Asserting violations of her constitutional rights, one portion of the complaint states:
“The conduct of Defendants Stoner and Dameron was atrocious, intolerable and so extreme and outrageous as to exceed the bounds of decency and so outrageous as to offend community notions of acceptable behavior, giving rise to a claim of compensatory damages against each Defendant and punitive damages against Defendants Stoner and Dameron.
“Defendants Stoner and Dameron each sexually abused and sexually harassed Plaintiff. Various sex acts and sexual misconduct occurred. The identity of Defendant Dameron recently was confirmed by Plaintiff’s counsel. Defendant Dameron repeatedly threatened the Plaintiff when she was at the Southern Regional Jail. Defendant Dameron threatened “to put a bullet” in the Plaintiff’s head. Multiple threats were made against Plaintiff. Plaintiff is, and was, fearful of filing a civil action against Stoner and Dameron. Plaintiff continues to be in fear of each as she is incarcerated at Lakin Correctional Center under the authority of the WVDOC. Defendant Dameron’s threats have continued beyond her transfer from SRJ and were conveyed to her since being transferred to Lakin Correctional Center. Tolling of applicable statutes of limitation has occurred as contemplated by West Virginia Code, 55-2-17. David Stoner and Christopher Dameron each obstructed Plaintiff in the exercise of her civil rights.”
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