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Prison Litigation

"As a society, our decision to heap shame and contempt upon those who struggle and fail in a system designed to keep them locked up and locked out says far more about ourselves than it does about them." — Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness

Baxley v. Jividen: Over the past four years, Mountain State Justice litigated a state-wide class action against the WV Division of Corrections and Rehabilitation regarding the medical and mental healthcare being provided in the ten state regional jails. Just weeks before trial, we reached a comprehensive settlement agreement. On September 27, 2022, our settlement was approved by the Southern District of West Virginia.

The settlement centers on a new medical services contract that incorporates many demands that Mountain State Justice made over the course of the litigation. The settlement also includes a two year settlement implementation and review period, during which Mountain State Justice will work closely with the Division to ensure the new medical services contract is being followed. Mountain State Justice will review data for all ten facilities, review individual medical concerns and records, and conduct visits to the regional jails to track the implementation of the contract and the level of medical and mental healthcare being provided.

While Mountain State Justice cannot accept new clients in this area, we are collecting information related to the level of healthcare being offered to individuals incarcerated in West Virginia regional jails. If a loved one is experiencing specific medical or mental healthcare related issues while incarcerated in one of West Virginia’s ten regional jails, please have them contact Mountain State Justice in writing at: 1029 University Avenue Ste 101 Morgantown, WV 26505.