A federal lawsuit is seeking judicial oversight of the Virginia Department of Corrections
A new lawsuit filed in federal court Friday asks a judge to place the Virginia Department of Corrections under court oversight.
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A federal lawsuit is seeking judicial oversight of the Virginia Department of Corrections
A new lawsuit filed in federal court Friday asks a judge to place the Virginia Department of Corrections under court oversight, arguing that agency leaders have failed to respond to credible threats, mishandled intelligence and punished officers who follow protocol or seek legal counsel.
The lawsuit was filed on behalf of Dawn Hall, the widow of Jeremy Hall, a master corrections officer who was killed at River North Correctional Facility last month, as well as Anthony Kellam, a corrections officer in Chesapeake who alleges that understaffing is putting both inmates and officers at risk.
Filed in the Eastern District of Virginia, the plaintiffs are not seeking any money – instead, they are asking the court to step in and provide oversight of the VADOC.
“Neither plaintiff is asking for a dime. This lawsuit is about court oversight of a corrections agency that has proven it cannot police itself,” said former Del. Tim Anderson, who is representing the plaintiffs in court.
The VADOC has not released any details about how Hall was killed, but a grand jury in Grayson County filed an indictment on Friday against an inmate at the same prison for murder.
“The VADOC will continue to seek prosecution to the fullest extent of the law – and our agency will never stop saying Officer Hall’s name and honoring his legacy of service and sacrifice in the line of duty,” VADOC Director Chad Dotson said in a statement at the time of the indictment announcement.
Two other officers were injured in the attack on Hall.
The lawsuit also states that Kellam, a corrections officer at Indian Creek Correctional Facility, personally experienced a VADOC practice in which leadership issued commands to disregard emergencies during routine operations.
Kellam alleges he reported a medical emergency after encountering a vomiting inmate but was told to ignore it and continue the head count.
The inmate who was vomiting died later that day, according to the lawsuit.
Kellam also alleges that he was approached by special investigators on Dec. 9, but he refused to answer questions without a lawyer present.
He and his lawyer then met with investigators three days later and cooperated, according to the lawsuit.
According to a probationary progress document obtained by Virginia Scope, Kellam’s probationary period was extended Dec. 16, with the document citing his decision to seek legal counsel as a “direct violation” of the Department of Corrections’ standards of conduct.
The lawsuit also cites a resignation letter from Lt. Jacob Murray, a former supervisory officer at River North Correctional Center. In his letter, he wrote that the VADOC is “headed down a dangerous path that will see staff severely injured if not killed.”
“I can not and will not work somewhere that management’s personal achievements and statistics on audits and EWP’s supersede staff safety and morale,” Murray wrote.
The plaintiffs are asking the court to require VADOC to properly respond to credible threats against staff, act on intelligence indicating planned attacks, prohibit orders to disregard medical or safety emergencies, stop retaliating against officers who seek legal counsel or report serious incidents, and implement compliance and oversight measures to ensure these rules are followed.
“An officer was killed after warnings were ignored, and another was ordered to disregard an emergency and then disciplined for seeking counsel after a death in custody,” Anderson said. “We are asking a federal judge to require DOC leadership to follow basic safety and emergency-response rules before more officers or inmates are hurt.”
Chad Dotson, the director of the VADOC, did not immediately respond to a request for comment Sunday night.
The Office of the Attorney General is tasked with defending state agencies from lawsuits. Virginia will have a new attorney general in less than a month, and Anderson – who is a Republican – is hopeful that the incoming administration will act favorably to his client’s cause.
“I also believe Attorney General-elect Jay Jones will play an important role in addressing the systemic problems at the Department of Corrections, and this case presents an opportunity to finally fix what has been broken for far too long,” Anderson said.
Attorney General-elect Jay Jones’ transition team did not immediately respond to a request for comment Sunday night.