When someone is placed in the custody of a jail or prison, the government assumes responsibility for their safety and basic welfare. When that responsibility is violated — through abuse, deliberate indifference, or a failure to provide necessary medical care — the people responsible can and should be held accountable.
At Stroebel & Stroebel, PLLC, we represent families of inmates who have died in West Virginia jails and prisons, as well as individuals who have suffered serious abuse or injury while incarcerated. These are federal civil rights cases, and we have the experience to pursue them in the U.S. District Court for the Southern and Northern District of West Virginia.
Constitutional Rights Don’t Stop at the Jail Door
Incarceration does not strip a person of all constitutional rights. Under the Eighth Amendment — which prohibits cruel and unusual punishment — convicted prisoners have the right to:
- Adequate medical care
- Protection from known risks of serious harm
- Reasonable protection from violence by staff or correctional officers
- Basic necessities: food, water, sanitation, and shelter
Pretrial detainees — people held in jail before conviction — have even stronger protections under the Fourteenth Amendment’s Due Process Clause, and helps protect individuals who have not yet been found guilty.
When corrections officers, medical staff, or facility administrators violate these rights, families or injured inmates can pursue civil rights claims under 42 U.S.C. § 1983.
We know how to investigate these cases and build the factual record needed to establish the key elements of these cases.
Types of Cases We Handle
Inmate deaths in custody. Deaths in West Virginia jails and prisons occur from multiple causes, many of which involve institutional failures:
- Medical emergencies that were ignored, mishandled, or improperly treated
- Suicide in inadequate or improperly supervised housing
- Drug overdoses facilitated by contraband allowed into the facility
- Beatings by correctional officers (excessive force)
- Attacks by other inmates when officials knew of the threat and failed to protect
- Withdrawal deaths when detox or addiction treatment was denied
Physical abuse by correctional officers. Officers who beat, choke, slam, or otherwise physically assault inmates violate both the Eighth Amendment and West Virginia law. We pursue civil claims for these violations regardless of whether criminal charges are filed against the officer.
Sexual assault in custody. The Prison Rape Elimination Act (PREA) establishes standards for preventing and addressing sexual abuse in correctional facilities. Sexual assault by an officer or by another inmate — when the facility failed to protect — is both a civil rights violation and may be the basis for a federal lawsuit.
Failure to protect from known threats. When an inmate or their family notifies officials that the inmate faces a specific, serious threat from other incarcerated persons, and officials fail to take reasonable protective steps, that failure can constitute deliberate indifference to a substantial risk of harm.
Who Can Be Held Liable
Claims in these cases typically run against:
- Individual correctional officers and supervisors who were personally involved in the violation
- Medical staff (nurses, physicians, contracted medical providers) who denied or delayed care
- The correctional facility’s administration when the violation resulted from a policy or widespread practice
- Private medical contractors hired to provide healthcare in the facility.
What Families Can Recover
When an inmate dies in custody due to constitutional violations, the estate and surviving family members may recover:
- Damages for the decedent’s pre-death pain and suffering
- Medical expenses
- Funeral expenses
- Loss of income and financial support
- Loss of companionship and consortium for surviving family
- Punitive damages for especially egregious conduct
- Attorneys’ fees under 42 U.S.C. § 1988
For living inmates seriously injured by abuse or neglect, damages include medical costs, pain and suffering, and punitive damages in appropriate cases.
The PLRA and Exhaustion Requirement
The Prison Litigation Reform Act (PLRA) requires currently incarcerated individuals to exhaust all available administrative grievance procedures before filing a federal civil rights lawsuit. This means inmates must file grievances through the facility’s internal system before filing in court.
Families bringing claims on behalf of a deceased inmate are generally not subject to this exhaustion requirement. If you are incarcerated and considering a civil rights claim, it is critical that you promptly and properly file and pursue grievances — and preserve the documentation. Contact us as soon as possible.
Frequently Asked Questions
My family member died and the jail says it was suicide. What should I do?
Suicide deaths in custody can still give rise to civil rights claims if facility staff failed to identify suicide risk, failed to monitor properly, or failed to provide mental health care that could have prevented the death. Request all records and contact us immediately.
The facility says they followed their protocols. Does that mean they aren’t liable?
Following an internal policy doesn’t immunize a facility from liability if the policy itself is constitutionally inadequate. Courts look at whether the conduct was objectively reasonable — not just whether a form was filled out.
How do I get records from the jail or prison?
We can obtain records through the litigation discovery process — including medical records, incident reports, grievance files, and video footage. Acting quickly matters; some facilities have limited retention policies.
Does it matter that my family member was charged with a crime?
No. A person’s charges or criminal history do not affect their constitutional rights while in custody. The government’s duty of care applies regardless of the crime alleged.
Contact a West Virginia Inmate Rights Attorney
If a loved one was seriously injured or died while in the custody of a West Virginia jail or prison, call Stroebel & Stroebel, PLLC at 304-346-0197 or use the form on this page.
We fight for families who are navigating one of the most difficult situations imaginable. Free consultation — call or message anytime.