Federal lawsuit filed against VADOC leaders on behalf of widow of slain corrections officer

RICHMOND, Va. (WRIC) -- A joint federal lawsuit was filed on Friday against leaders with the Virginia Department of Corrections (VADOC) on behalf of both a current corrections officer at Indian Creek Correctional Center and the wife of slain corrections officer Jeremy Hall.

On Friday, Dec. 19, the joint lawsuit was filed in the Eastern District of Virginia Court against:

• Chadwick Dotson, VADOC director
• David Robinson, chief of corrections operations for the department
• Kevin McCoy, warden of River North
• Kevin Allen, captain of Indian Creek
• Dara Watson, warden of Indian Creek
• As well as 20 unnamed supervisory officials

It was filed on behalf of two people -- Anthony Kellam, who is currently a corrections officer at Indian Creek Correctional Center, and Dawn Hall, the widow of Jeremy Hall, a corrections officer who died after he was attacked by an inmate at River North Correctional Facility, on Nov. 17, according to court documents.

PREVIOUS: VADOC holds procession for officer killed in inmate attack

The complaint filed in the lawsuit alleged that River North's staffing was below minimum levels on the day of the deadly attack on Jeremy Hall.

Following the deadly attack, but before the lawsuit was filed, 8News sent two Freedom of Information Act (FOIA) requests to VADOC regarding staffing at River North during the time of the incident.

A VADOC spokesperson said that, though the department had four pages of records relating to our request, it was denied due to security concerns. The following is part of the department's first response to 8News:

"Please be advised the Virginia Department of Corrections (VADOC) has approximately four pages of records responsive to your request. However, pursuant to § 2.2-3705.2(14) of the Code of Virginia, the requested records are exempt from mandatory disclosure as being records 'the disclosure of which would jeopardize the safety or security of any person; governmental facility, building, or structure or persons using such facility, building, or structure.' Accordingly, the VADOC is exercising its discretion to withhold these records in their entirety."

Following the denial, and a secondary FOIA request for records that track the staffing at River North, VADOC denied the request, saying, in part, "the records do not exist."

In addition to allegations of understaffing, which 8News could not verify due to denied FOIA requests, the complaint filed in the lawsuit alleged that the violent attack that killed Jeremy Hall was planned, describing there being a "specific and credible death threat" known by staff, which was reportedly not investigated, and no actions were allegedly taken.

In addition, on the day of the attack, the complaint alleged that Jeremy Hall was assigned to work on the floor in proximity to inmate John Holomon Russell -- who staff allegedly knew had made a death threat against Hall -- to supervise a trainee, but Hall was not a certified training officer, which is prohibited by the department's policies.

The complaint further stated that Jeremy Hall's assignment to train the officer diverted his attention and left him "without competent backup in a known high-risk environment and substantially increased his vulnerability to an attack."

The plaintiffs argued that the attack was foreseeable and preventable, and that failing to act on a known security threat, paired with allegations of understaffing and unsafe assignment practices, contributed to an unsafe environment in which the attack occurred.

In addition to the events surrounding Jeremy Hall's death, the complaint also overviews allegations made by Kellam.

The complaint stated that while working at Indian Correctional Center in Chesapeake in December, Kellam saw an inmate who was vomiting in his cell during head count.

The document alleged that Kellam reported the inmate's condition as a potential medical emergency to staff by asking for assistance from staff over the radio, in accordance with the department's procedures, but supervisors allegedly ordered him to disregard and continue the headcount.

Kellam allegedly continued the headcount, as supervisors reportedly advised, according to the complaint. Later that day, the document alleged that the inmate died.

The complaint argued that VADOC has a "disregard of emergency conditions" reflected in both Hall's death and the alleged inmate's death at Indian Creek Correctional Center.

Instead of seeking monetary compensation, the lawsuit seeks policy and procedure changes, including:

• Mandatory threat response protocols for credible threats that target staff, including an investigation, documentation of the treat, notification to supervisors and separation between the inmate and the staff member "or other control measures,"
• Minimum safe staffing requirements, or a similar safeguard, for high-risk housing units that ensure staff have backup in case of dangerous situations,
• Prohibition of assigning trainees or unqualified personnel that leaves threatened officers without backup or diverts their attention from their own safety,
• Required pod searches, weapons and contraband sweeps, and procedures when it is discovered than an inmate is planning an attack against a corrections officer
• Ways of reporting, monitoring, training, auditing and ensuring complaince with the above requirements.

VADOC provided the following statement to 8News regarding the lawsuit:

"Thank you for contacting the Virginia Department of Corrections (VADOC).

While the VADOC cannot comment on active litigation, our agency is committed to honoring Master Corrections Officer Jeremy Lewis Hall’s legacy of service and sacrifice in the line of duty. That commitment includes the continued support of his family during this tremendously difficult time.

The VADOC’s top priority is the safety of our corrections team members and those in our custody and supervision – and the security of our facilities."