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West Virginia National Guardsman files sexual harassment lawsuit

(Court Reports - Photo Illustration/MetroCreativeConnection)

PARKERSBURG — A West Virginia National Guardsman has filed a lawsuit against the state Division of Corrections and Rehabilitation for alleged sexual harassment he received from a supervisor he was working with at the St. Marys Corrections Center.

Parkersburg resident Jackie L. Jenkins, through his attorney Robert W. Hinzman, filed the lawsuit in Wood County Circuit Court on Nov. 27.

Jenkins was a National Guardsman mobilized during the West Virginia correction officer manpower shortage and was activated in late December 2022. He was assigned to work at the St. Marys Correctional Center, which is part of the Division of Corrections and Rehabilitation, as support personnel in a non-correctional officer status.

At times, Jenkins was assigned to work with Tyler McDonald, a Corrections Officer III, holding the supervisory rank of corporal at the facility.

While working with McDonald, Jenkins stated he observed and experienced McDonald continually using vulgar language to himself, other employees and inmates. Jenkins said he “was the recipient and victim of McDonald making unwanted and unsolicited sexual remarks, moan aloud in sexual connotations, sexual harassment and sexual advances.”

The lawsuit details instances in August and September 2023 of McDonald asking Jenkins about certain sexual acts and if he would consider McDonald “gay” if he had done those things. Jenkins said he ignored McDonald’s comment, but shortly after McDonald allegedly tried to pull Jenkins leg on top of his. When Jenkins pulled away, McDonald allegedly started asking Jenkins about his genital size and then attempted to grab it. Jenkins threatened to hit McDonald and McDonald stopped.

In another instance around October 2023, McDonald allegedly offered to rub Jenkins shoulder after complaining it hurt and immediately began rubbing the shoulder before Jenkins could respond. Jenkins pulled away and said “No, I’m good.”

“McDonald stopped and then started moaning and making inappropriate jokes along with questions about (Jenkins’) genital,” the lawsuit said, adding McDonald again allegedly put his hand on Jenkins’ leg in a rubbing fashion and then immediately pulled Jenkins leg onto his own leg, rubbed his hand up and grabbed Jenkins genitals. Jenkins threatened to hit McDonald as he stood up and walked away.

According to the lawsuit, Jenkins was harassed and assaulted on two other occasions in September and October 2023 involving similar verbal harassment, intimidation, sex-based statements and attempted and made unwanted physical advances and contact.

Around Jan. 18, 2024, Jenkins discovered other employees had come forward about McDonald which allowed him to come forward and file a formal complaint to the next higher-level supervisor, Capt. Heather Parker.

An investigation was conducted by the West Virginia Equal Employment Opportunity Services.

“The investigation findings corroborated that McDonald had committed the sexually based harassment and or assault on Jenkins, other employees and other mobilized Guardsmen at the St. Marys Correctional Center,” the lawsuit stated.

McDonald had previously been reported to supervisors around April 2023, several months prior to the first incident involving Jenkins, yet McDonald remained an employee at the St. Marys Correctional Center and continued to work around inmates, employees and National Guard personnel, the lawsuit stated. Personnel at the facility and in the Division of Corrections failed to take corrective and protective action in regard to McDonald, the suit said.

Jenkins is alleging negligence, sexual harassment, assault and battery and a hostile work environment and intentional infliction of emotional distress.

He is seeking relief for general damages, including loss of use, loss of companionship, anxiety, annoyance, inconvenience and aggravation, punitive damages determined by a jury, compensatory damages, pre-judgment and post judgment interest, costs and attorney fees and other relief which the court may deem proper.

Starting at $2.99/week.

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