Whistleblower lawsuit against former Wood County Sheriff continues to advance
Trending
PARKERSBURG -- A lawsuit by a former Wood County deputy against a former sheriff continues to move forward with new motions made.
In early November, attorneys for former Wood County Sheriff's Sgt. Della Matheny, the Wood County Commission, the Wood County Sheriff's Department and former Sheriff Steve Stephens had a hearing before Pleasants County Circuit Judge Timothy L. Sweeney to discuss motions regarding sanctions requested by Matheny against the commission and the sheriff's department over claims of discovery abuse as well as motions to compel discovery from both.
In legal filings made a couple months ago in Wood County Circuit Court, attorneys for Matheny allege a pattern of officials concealing, destroying and refusing to search for critical evidence and failing to take steps to preserve it, among other abuses.
Matheny served in the sheriff's department from July 1, 2013, to July 23, 2021, when she resigned.
She filed suit against the County Commission, the sheriff's department and Stephens, alleging Stephens harassed female employees, created a hostile work environment and violated the West Virginia Human Rights Act and whistleblower laws.
The suit claims Stephens referred to another female deputy as a "whore" and created abusive working conditions. It also says he engaged in a series of retaliatory acts such as stalking, targeting, unfair discipline and ostracization against Matheny, which caused her to resign.
Stephens has denied the accusations in court filings, adding his employment practices were "conducted in all respects in accordance with state and federal laws, regulations and constitutions." Those filings deny Matheny was discriminated against "intentionally or otherwise." Stephens retired and resigned as sheriff effective Dec. 1, 2021.
Prior to that in October 2021, 27 members of the Wood County Deputy Sheriffs Association voted having no confidence in Stephens' leadership.
In the motion for sanctions, attorneys for Matheny alleged county officials lost or destroyed Matheny's 2019-2020 performance evaluations which were necessary as evidence to support her retaliation claim, failed to take any steps to preserve relevant electronically stored evidence, erased all data from the cell phone of former Chief Deputy Robert Sims, failed to preserve the data on the county cell phone Stephens used, misrepresented to counsel that email searches had been performed and concealed and withheld critical documents and audio recordings.
Matheny is asking for attorney fees and costs and other relief the court deems just and appropriate, according to court documents.
During the hearing in November, both sides met during a recess in the proceedings where the court "directed the parties to meet and confer regarding the issues presented in (Matheny's) motions."
The parties presented their agreement on the record for the court. The commission and the sheriff's department agreed to produce an updated privilege log to Matheny for the search of Stephens' email inbox on or before Nov. 7, 2023.
The commission and the sheriff's department agreed to request an index of documents contained on the thumb drive of Sims on or before Nov. 7, 2023, and provide the necessary information to Matheny's attorneys.
The commission and the sheriff's department also agreed to provide a preliminary production of emails resulting from the search Matheny's attorneys requested.
The court is directing the commission and sheriff's department to produce the full investigative report from the Bailey & Wyant law firm hired by the commission in 2020 to investigate allegations against Stephens for the court to conduct an in camera review.
The court is directing the commission and the sheriff's department to enlist a third-party expert to perform the email search requested by Matheny's attorneys and a forensic analysis on the potential loss or destruction of emails. The commission and the sheriff's department will bear all costs associated with the third-party expert, the court ruled.
All of the information was originally due earlier this month.
Trial is currently set to begin before Sweeney on July 29, 2024.
The court ordered any mediation to be completed by June 4. Monica Haddad of Monica Haddad Mediation was the mediator agreed to by both sides. The mediator is expected to report back to the court within 10 days of the completion of mediation.
A pre-trial hearing is scheduled for 9 a.m. July 10.