Because inmate was not an 'employee', DOC wants Lakin suit tossed

CHARLESTON - The state Division of Corrections is asking a suit naming it as a co-defendant in a sexual harassment case arising out of one its facilities in Mason County be dismissed because the acts that led to it were not done in the course of a normal employee-employer setting.

On Aug. 6, WVDOC filed its reply in the civil suit filed against it, and David W. McCormick, a former employee at the Lakin Correctional Center for Women in West Columbia, by Kristin Childs.

Now a resident of Titusville, Fla., Childs alleged that in October while an inmate at Lakin, McCormick coerced her into having sex with him in exchange for agreeing to transfer her to another work detail.

As a result of their encounter, Childs become pregnant. Records show Childs did not initially report the encounter for fear it would harm her chances of parole, which was granted on March 19.

In its reply filed with the assistance of David E. Schumacher, with the Charleston law firm of Bailey and Wyant, WVDOC denies McCormick was acting within the scope of his employment. Therefore, WVDOC denies it breached any affirmative duty or standard of care with respect to keeping Childs' work environment free from intimidation and sexual harassment.

For more on this story, go to The West Virginia Record

Official: Lakin criminal, civil cases are firsts

Both a civil and criminal case arising from a former maintenance supervisor having a sexual relationship with an inmate at the Lakin Correctional Center for Women are the first since the facility opened in 2003 and a law passed penalizing sex with inmates, a top correctional official said.

For more on this story, go to The West Virginia Record

Photo: Kristin Childs, above, alleges in a civil suit filed in Kanawha County, David W. McCormick forced her to have sex with him while he was her supervisor on a maintenance crew at the Lakin Correctional Center. In addition to his termination from the prison, McCormick, 40, of Leon, plead guilty in June to one count of having sex with an inmate. He is scheduled for sentencing on Monday, Aug. 18 at 9:30 a.m. in Mason Circuit Court

Supervisor forced Lakin inmate into sex, suit alleges

CHARLESTON - An inmate at the Lakin Correctional Center for Women has filed a suit against the state division of corrections and her supervisor, claiming he forced her to have sex with him, through which she became pregnant.

Kristin Childs filed the suit June 16 in Kanawha Circuit Court against the West Virginia Division of Corrections and David McCormick. Childs is an inmate at Lakin, who worked under the supervision of McCormick, the maintenance supervisor.

During her time working with McCormick, Childs claims he forced her into unwanted sexual relations and physical contact that resulted in her pregnancy. Childs claims she attempted to transfer from the work area, but the transfer did not take place until after she was subjected to McCormick's unwanted sexual advances.

For more on this story, go to The West Virginia Record