West Virginia Supreme Court Upholds Immunity for Jail Authority
The West Virginia Supreme Court has again ruled that the state Regional Jail Authority cannot be held liable in a lawsuit that alleged a male correctional officer repeatedly raped a female inmate.
The Charleston Gazette reported that justices made a similar ruling in March but agreed to reconsider its decision after outrage from state and national organizations.
The court said the authority is entitled to immunity because the woman failed to provide any evidence that the officer’s alleged actions occurred within the scope of his employment.
The ruling came in a lawsuit alleging that the officer raped the woman 17 times while she was an inmate at the Southern Regional Jail in 2009.
The lawsuit claimed the authority was negligent in training, supervision and retention of the officer.
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