Secretary, Mt. Olive Superintendent Found In Contempt

In May, U.S. District Judge Thomas E. Johnston ordered inmate Keith Lowe transferred to a state psychiatric facility from Mount Olive Correctional Complex. Lowe had attempted suicide after being in solitary confinement for 12 years, and his legal representatives at Mountain State Justice feared he would try again. 

The judge ordered the transfer be done “forthwith.” But it still hasn’t happened.  

On Monday, Michael Caruso, the state’s cabinet secretary of Health Facilities, and John Frame, the superintendent at Mount Olive, were found to be in contempt of court.

In 30 days, the judge will award Lowe legal fees and compensation for the failure to transfer him. 

“Further, Plaintiff’s (Lowe’s) counsel is DIRECTED (sic) to file, with the Court within 30 days of entry of this Memorandum Opinion and Order, an affidavit setting forth in detail the exact amount owed by Defendants, including compensation for the suicide attempt,” Johnston wrote.

The judge’s order was scathing. 

“Despite its clarity, the order was apparently confusing to Defendants and other members of WVDCR,” Johnston wrote. “Defendant Frame and others within WVDCR attempted to seek clarity by asking each other what this Court’s order meant for them. At no point was this Court made aware of Defendants’ purported confusion.”

According to the order, the defendants decided that the order only meant they had to file a petition for involuntary commitment to a facility. After the hearing, Frame moved Lowe into Mount Olive’s Mental Health Unit. Lowe himself characterized this move as being nearly the same as when he was in solitary. Lowe did not oppose the transfer and wanted to be sent to Sharpe Hospital.  

During a probable cause hearing to have Lowe involuntarily committed, a mental health professional gave expert opinion on Lowe. 

“Plaintiff’s counsel asked only three questions to the mental health certifier: 

• Did Plaintiff currently experience suicidal ideation? 
• Did Plaintiff currently express suicidal intent? 
• Did Plaintiff have a plan in place to attempt that suicide? 

The mental health certifier answered yes to all three questions,” the order states.

“In closing arguments on behalf of Defendant Frame, Attorney (Gail) Lipscomb stated that Mount Olive can adequately treat Plaintiff,” Johnston wrote. “Despite the fact that this Court found Mount Olive incapable of treating Plaintiff, Attorney Lipscomb invited Commissioner (Evan) Dove, to make a finding that Olive was capable of providing treatment for Plaintiff. Accordingly, Attorney Lipscomb asked Commissioner Dove not to commit Plaintiff.”

A follow-up emergency status hearing failed to solve the delay. 

“The delay in transfer, however, came at a cost. On July 7, 2025, Plaintiff attempted suicide by cutting himself with a dull razor,” the order states. “According to Defendant Frame, Mount Olive failed to place a razor restriction on Plaintiff when he was moved from solitary confinement to the Mental Health Unit. Mystifying.”

The judge’s order explained that because of these delays, Mountain State Justice had to expend time and resources to continue litigating the issue. 

“This was all required because Defendants did not comply with this Court’s preliminary injunction,” Johnston wrote. “While Defendants may or may not now be in compliance, Plaintiff and his attorney must be compensated for the losses Defendants have caused.”

The judge ordered Mountain State Justice “to submit a sufficiently detailed accounting of the relevant costs associated with Defendants’ contempt so that the Court may enter an appropriate compensatory award. Plaintiff and his counsel may also seek compensation for his July suicide attempt.”

The judge also ordered Gail Lipscomb, an assistant attorney general in the Health Facilities office, be referred to the Lawyer Disciplinary Board and be sent a copy of his order to the West Virginia State Bar. 

WVPB reached out to the Department of Health Facilities for comment but did not hear back by deadline.