Richard Whittaker, et al. v. West Virginia Division of Corrections and Rehabilitation, et al.

Charleston, West Virginia civil rights lawyers represented Plaintiffs who sued the Defendants on prison civil rights violation theories.



This action arose out of the death of Mr. Kevin B. Whittaker ("Decedent”) while he was incarcerated in the Southern Regional Jail ("SRJ”) in Beckley, West Virginia. According to the Second Amended Complaint, the Decedent was incarcerated at SRJ on or about February 16, 2019. After the intake screening process, the Decedent was placed in general population in C-pod section 4, cell 12. Then, three inmates allegedly entered the Decedent's cell and "savagely beat him” between approximately 8:36 and 8:46 p.m.



Plaintiff Richard Whittaker ("Plaintiff”), as the Administrator of the Estate of Kevin B. Whittaker, commenced this action against the WVDCR on December 13, 2019, in the Circuit Court of Kanawha County. In December 2021, Plaintiff filed a Second Amended Complaint against the WVDCR and Defendants Dakota Dove ("Dove”), Angela Athey ("Athey”), and Larry Warden ("Warden”). On April 7, 2022, Defendants removed this matter to this Court.



The Second Amended Complaint asserts two causes of action. Count One is a claim for "Malicious Conduct,” asserted against the WVDCR. ("This civil action is brought against the [WVDCR] for malicious conduct.”).) Count Two is a claim brought under 42 U.S.C. § 1983 for alleged violations of the Eighth Amendment, asserted against Defendants Dove, Athey, and Warden. ("This cause of action i[s] brought against Dakota Dove, Angela Athey, and Larry Warden for civil rights violations ....”).)

PROPOSED ORDER Proposed Order Filing Second Amended Petition and Setting Final Settlement Hearing by Richard Whittaker (Bellomy, Charles)