Two federal lawsuits are proceeding against the Central Virginia
Regional Jail for civil rights violations of inmates. One
case is brought by the mother of an inmate who died in CVRJ custody
allegedly due to lack of medical care. Thornhill v.
Aylor, et al., Case No. 3:15-cv-00024, (WD.Va.) The other case
is brought by a former inmate who claims she had medication
withheld while at jail that resulted in a psychotic break and
hospitalization at Western State Hospital in Staunton.
Jenkins v. Aylor, et al., Case No. 3:15-cv-00046
(W.D.Va.). Both cases are pending before Judge Conrad in the
Charlottesville Division of the United States District Court for
the Western District of Virginia. The jail, located in the Town of Orange, serves the
surrounding counties of Fluvanna, Greene, Louisa, Madison and
Orange.
In February 2016, Judge Conrad granted in part and denied in part
the defendants' motions to dismiss the Thornhill case.
The Court dismissed the class action claim after finding
there was insufficient "commonality" among the proposed
class members. The Court dismissed the individual claims
against some of the defendants, but allowed others to go forward
after finding that there was "sufficient factual allegations
to support the claim that there was an official policy of
deliberate indifference at CVRJ, specifically based on [the
Superintendent's] inactions as its policy maker."
The Court determined that arguments as to sovereign immunity
and qualified immunity would be heard at a later stage of the
litigation.
Similarly, in the Jenkins case, the plaintiff brought the
suit as a class action, but the defendants have filed motions to
dismiss the class action claim and portions of other claims.
Those motions were heard by the Court on March 23, 2016.
An interesting issue that was argued at the hearing was
whether the Central Virginia Regional Jail Authority is entitled to
sovereign immunity. Defense attorney argued that the five
counties that comprise the authority each have sovereign immunity
and would retain sovereign immunity if they operated their own
separate jails; therefore, there should be immunity for the
regional jail authority. Plaintiff's counsel, however,
argued that the authority itself does not meet the all of the
standards for sovereign immunity, even thought its constituent
members would have immunity. The Court reserved judgment and
will issue rulings on the motions at a later date.
You can read more about the lawsuits here and here.
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