Shuman McCuskey Slicer PLLC Attorneys Obtain Dismissal on Behalf of Client for Claims Brought Related to Alleged Assault of an Inmate
SMS attorneys Lou Ann S. Cyrus and Caleb B. David obtained a dismissal on behalf of the West Virginia Division of Corrections and Rehabilitation, former Commissioner Lolita Butcher, former Superintendent David Ballard, Commissioner Betsy Jividen, and Superintendent Donald Ames for claims brought related to alleged assaults of an inmate. The plaintiff, an inmate at Mount Olive Correctional Complex, alleged that he was assaulted by another inmate and, on a separate occasion, by correctional officers. The plaintiff claimed that these defendants were liable for the alleged assaults in a supervisory capacity. Ms. Cyrus and Mr. David filed a motion to dismiss on behalf of their clients arguing that they were entitled to qualified immunity. The United States District Court for the Southern District of West Virginia agreed, finding that the plaintiff’s amended complaint did not contain any allegations beyond their roles as supervisors in developing policies and procedure at Mount Olive and training, supervising, and screening employees, all of which fall within the category of discretionary government functions. The Court granted the defendants’ motion to dismiss, finding that they were entitled to qualified immunity because their alleged actions, if true, were merely negligent and that the plaintiff’s allegations did not demonstrate the requisite intent to establish liability under Section 1983.
About: Shuman McCuskey Slicer PLLC is a civil defense litigation law firm defending businesses, professionals, and insurers in high-stakes litigation. The firm has over 20 attorneys licensed to practice in West Virginia, Virginia, Ohio, Kentucky, Pennsylvania, Maryland, and New York. SMS was founded in Charleston, WV, where it remains headquartered and has additional offices in Morgantown, WV, and Winchester, VA.
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