$700K partial settlement reached in jail death case

CHARLESTON – A $700,000 partial settlement has been reached in a civil lawsuit related to the death of a North Central Regional Jail inmate.

Attorneys for the estate of Nathan Kennedy announced the settlement August 26 in the case. Kennedy, a 48-year-old pretrial detainee who died after spending about three hours at the jail located in Doddridge County.

The settlement resolves the claims, including deliberate indifference claims, against the West Virginia Division of Corrections and Rehabilitation and its employees. The claims against jail medical provider Wexford Health Sources remain pending, and the attorneys said litigation against Wexford will continue.

“This settlement with the state provides meaningful accountability for what happened to Nathan Kennedy, but it does not bring Nathan back to his family and it does not end this case,” attorney Jesse Forbes told The West Virginia Record. “A jail sentence should never be a death sentence, and Nathan hadn’t even been sentenced. He had just been arrested and was only a few hours into his detention when he died.

“When the state takes custody of someone, that person depends upon the people running the jail for their most basic needs and medical care. Nathan’s family hopes this settlement sends a message that those responsibilities matter and that what happened to Nathan cannot be allowed to happen to someone else. Results like this provide accountability, but hopefully they also drive meaningful change and make our jails safer for everyone who enters them.”

Kennedy died in the jail’s booking area September 8, 2023. His death certificate classified the manner of death as “homicide” and identified the cause of death as “Physical struggle with blunt force injuries and restraint procedures.”

The complaint says Kennedy arrived at the jail experiencing a serious medical crisis but, rather than receiving appropriate medical care, was subjected to repeated force and medical neglect during the approximately three hours he was at the facility.

It also says Kennedy was caged, pepper sprayed without proper decontamination, placed in a spit mask, physically assaulted, tased, restrained and ultimately secured in a restraint chair where he became unresponsive and died with his worsening medical conditions ignored by jail guards and medical staff.

The estate further alleges medical personnel were nearby as Kennedy’s condition deteriorated without desperately needed care being provided and that emergency medical assistance was not requested until his blood pressure had fallen to 42/36. Kennedy leaves behind a family that includes a long-term partner and three now young adult children.  

Kennedy’s death occurred at the same jail where 26-year-old pretrial detainee Zachary Bailey died in 2019 after experiencing a medical crisis and being subjected to shocking force and restraint that was detailed in a jury trial in 2024 that resulted in a $1 million settlement after shocking testimony confirmed the disturbing details of the death. The Kennedy complaint claimed adequate changes were not implemented following Bailey’s death to prevent another similar tragedy.

“Nathan Kennedy was a pretrial detainee who remained entitled to basic human dignity, medical care and constitutional protection,” attorney L. Dante diTrapano told The Record. “The Medical Examiner classified his death as a homicide, and the allegations concerning his final hours are devastating.

“This settlement is an important measure of accountability for Nathan’s family, and we hope it also contributes to meaningful change in West Virginia’s correctional system.

“But our work for Nathan and his family is not finished. The claims against Wexford Health Sources remain pending, and the allegations involving Nathan’s desperately needed medical care are deeply disturbing and, as alleged, have no place in the treatment of anyone needing medical care.”

Lisa M. Huffman, administrator of Kennedy’s estate, filed her complaint in February 2025 in Kanawha Circuit Court against the DCR, Wexford, NCRJ Superintendent Jason Hutson, Corporal Reed, Corporal Wells and unnamed DCR employees.

Kennedy’s estate is being represented by diTrapano, Amanda J. Davis and Charles F. Bellomy of Calwell Luce diTrapano in Charleston, by Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston and by Anthony I. Werner of John & Werner Law Offices in Wheeling. The case has been assigned to Circuit Judge Richard D. Lindsay.

Kanawha Circuit Court case number 25-C-242