Tag: U.S. District Judge Irene Berger

Federal Judge Grants Motion To Stay In Dunbar Police Brutality Lawsuit 

A federal judge has granted a stay in a case of alleged police misconduct.

U.S. District Judge for the Southern District of West Virginia Irene Berger’s decision Friday to grant the stay follows an Emergency Motion for Protective Order filed Jan. 27 by the city of Dunbar and two police officers named in a brutality lawsuit.

Last September, a lawsuit was filed against Dunbar police officers Zachary Winters and Adam Mason. The suit was filed by Michael Scott Sr. on behalf of his son, Michael Scott Jr.

The Kanawha County sheriff’s office is also investigating the incident.

The original complaint alleges the officers used excessive force against Scott Jr., slamming his head to the pavement and denied him medical care, causing his death two days later. 

On Jan. 27, the City of Dunbar filed a Motion to Stay after being requested to produce documents and evidence for a separate federal grand jury subpoena by Feb. 22. 

“Due to the ongoing investigation … defendants move the court for a stay and/or protective order of all discovery (in the civil matter) until the conclusion of the investigation,” the motion stated.

Judge Berger made the following statement in granting the motion:

“As a result, defendants Mason, Winter and Dunbar are aware that there is an ongoing investigation into the events of the incident alleged in plaintiff’s complaint,” the motion states. “Due to the ongoing investigation … defendants move the court for a stay and/or protective order of all discovery until the conclusion of the investigation.”

Judge Berger ordered all discovery be stayed until April 24.

The City of Dunbar and Officer Mason have been named in other excessive force complaints which are pending in federal court. 

The complaint states the Dunbar Police Department recently changed its use of force policy to allow “further escalation and to include striking of a subject’s head.”

Second Justice Company Steps in to Pay $1.23 Million Fine

Federal prosecutors have agreed to drop a motion seeking to hold West Virginia Gov. Jim Justice and his son, Jay Justice, personally accountable for a $1.23 million civil penalty levied against one of the family’s coal businesses, Justice Energy Company, Inc.

In an order filed Friday in the U.S. District Court for the Southern District of West Virginia, attorneys for Justice Energy proposed that another Justice company, Bluestone Resources, Inc., will pay the fine.

 

In exchange, federal prosecutors agreed to withdraw a motion seeking a court ruling that the Justices be held personally responsible for the civil contempt fine levied on Justice Energy because the company is, in effect “a shell corporation with no real independent and separate corporate existence.”

 

U.S. Attorney for the Southern District of West Virginia Mike Stuart in a court filing last week said after deposing company executives, including the governor’s son, federal prosecutors concluded the Justices were in practice “the alter egos” for the company and should be required to pay the fine.

In a statement regarding the settlement, Bluestone Resources CEO Tom Lusk expressed gratitude toward the U.S. attorney’s office and said “despite this disproportional penalty, the Justice Family has once again stepped up to pay an obligation.”

The Friday order, signed by U.S. District Judge Irene Berger, lays out a timeline for Bluestone Resources to pay the $1.23 million fine, which stems from a 2013 case over unpaid business debts to Virginia-based James River Equipment.

The company sued Justice Energy to recover roughly $150,000 in unpaid fees for mining equipment, services and parts. Two years after being ordered to pay the debt, and after company representatives repeatedly failed to show up for court hearings, Berger held Justice Energy in contempt of court to the tune of $30,000 per day, totaling $1.23 million. Justice Energy appealed the fines, but lostin 4th U.S. Circuit Court of Appeals last August.

Under the new order, Bluestone Resources will make three, $410,000 payments to satisfy the civil fine on behalf of Justice Energy.

The U.S. attorney’s office retains the right to refile the “alter ego” motion should Bluestone Resources fail to make the payments, according to the order.

The first payment is due June 17.

Judge: Justice Family Coal Company Must Turn Over Financial Info

A federal judge today ruled that a coal company controlled by Gov. Jim Justice’s family must turn over financial information and make its employees available for questioning.

U.S. District Judge Irene Berger granted a motion submitted last month by U.S. Attorney Mike Stuart seeking additional infromation and the ability to depose Justice Energy Co. employees.

Federal prosecutors are seeking more information on the ability of the coal company to pay a $1.23 million court fine. They are asking for a list of all real estate, bank accounts, vehicles and other financial information.

Justice Energy, a company now run by Gov. Justice’s children James C. Justice III and Jillean Justice, was slapped with the fine after repeatedly failing to pay Virginia-based James River Equipment $150,000 for mining equipment, service and parts. The company sued in 2013 and won.

Two years after being ordered to pay the debt, and after repeatedly failing to show up for court hearings, Bergerheld Justice Energy in contempt of court, ordering the company to pay $30,000 per day.

In September, Justice Energylost an appeal of the civil contempt fines.

According to the request granted Wednesday, Stuart said Justice Energy may not be able to pay the fine, based on conversations he had with the company’s attorneys. But he said he needs more information.

The judge’s order gives Justice Energy until Jan. 25 to provide all requested financial information and requires the firm to make employees available for depositions by mid-Feburary.

 

An attorney for the Justice family companies did not immediately respond to a request for comment.

 

A review of court documents last year by the Ohio Valley ReSource found at least five cases in which judges ruled that Justice family companies failed to pay suppliers for goods or services. When compelled by courts to pay, the companies either refused or failed to meet agreed upon payments.

 

In all five cases the courts authorized U.S. marshals to seize assets from the Justice family companies’ bank accounts to recover the debts. However, in some cases, officials discovered the bank accounts were empty or closed.

Jim Justice Owned Company Fined For Contempt of Court

A coal company owned by billionaire businessman Jim Justice faces $1.23 million in fines for contempt of court after a judge said the company didn’t pay debts and repeatedly didn’t show up for court hearings.

U.S. District Judge Irene Berger in Beckley ordered the fines Friday against Justice Energy Co.

On Jan. 5, Berger ordered the company in contempt for not paying a nearly $150,000 debt owed to a construction equipment company.

Berger fined the company $30,000 per day, beginning Jan. 5. The more-than-2-year-old debt was paid back Feb. 15.

Company spokesman Tom Lusk says it’s a step to clean the mess left by the Russian operation that owned the company and ran up the debt.

Justice, who also owns The Greenbrier resort, is running for governor as a Democrat.

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