Michael Dunham

On March 20, 2020, The Circuit Court of Randolph County entered an order dismissing the West Virginia Regional Jail & Correctional Facility Authority (“WVRJCFA”) from a lawsuit. The WVRJCFA was represented by SMS attorney, Michael Dunham. The order was entered after the WVRJCFA moved the circuit court to dismiss the claims brought by Plaintiff because Plaintiff did not provide adequate pre-suit notice prior to filing suit. Under West Virginia law, at least thirty days prior to initiating a civil action against a State agency, a complaining party is required to provide the agency and the attorney general written notice of the alleged claim and the relief desired. Compliance with the notice provision is a jurisdictional pre-requisite for filing a lawsuit against a State agency and failure to do so warrants dismissal of a civil action.