CHARLESTON – A lawsuit accuses a mental health center employee of physically assaulting a non-verbal patient earlier this month to the point he passed out.
Vankisha Hill filed her complaint July 29 in Kanawha Circuit Court on behalf of her son identified only as N.H. against Jeffery Jeffers and Prestera Center for Mental Health Services Inc.
N.H. has been diagnosed with Fragile X Syndrome, Autism Spectrum Disorder (ASD), Intellectual Disability, Insomnia, Attention-Deficit/Hyperactivity Disorder (ADHD). He is non-verbal and requires assistance with basic daily activities.
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According to the lawsuit, N.H. was enrolled in Prestera’s East Day Programming unit in Charleston. Jeffers was employed by Prestera and regularly was assigned to the East Day Program.
On July 8, Hill says she dropped her son off at the program and was called 30 minutes later to pick him up for “acting up.” When she arrived, she asked the program director named Michele and a nurse named Amber what had happened. She was told N.H. had been “looking through the kitchen trying to find something.” She did notice N.H.’s clothing was visibly wet.
That afternoon, Hill received a call from Amber, who told Hill the events were not N.H.’s fault. Amber also told Hill an internal investigation had begun.
“This was the first indication Vankisha received that something more serious had occurred, underscoring the troubling fact that she had not been fully informed at the time of pick-up,” the complaint states. “During the call, Amber began to disclose disturbing details of what had actually occurred earlier that day, which included the details that had been intentionally withheld when Vankisha first arrived to pick up her son.
“According to Amber, defendant Jeffers had dismissed staff concerns by stating, ‘I am not going to be security’ and, more chillingly, ‘I will take care of it,’ referring to N.H. as ‘it’ rather than by name, dehumanizing N.H. a way that was especially jarring given that he is African American.”
The complaint goes on to say Amber told Hill that Jeffers had “violently assaulted N.H., placing both arms around N.H.’s neck in a chokehold so severe that N.H. lost consciousness.”
“After rendering him unresponsive, Jeffers then forcibly slammed N.H.’s body to the ground,” the complaint states. “The sheer brutality of the assault, particularly against a defenseless incapacitated person enrolled in a mental health day program, was shocking.”
Hill says she immediately took her son to CAMC Women’s and Children’s Hospital for an examination. Staff documented visible signs of trauma consistent with strangulation and forceful impact.
“The medical records explicitly note the presence of injuries to N.H.’s neck area, including redness and tenderness along the sides and front of his throat, which are clear indicators of a recent and violent physical assault,” the complaint states. “The records further describe the resulting trauma as being caused by sustained pressure to the cervical region of N.H.’s neck, raising immediate concerns about potential airway damage and neurological impact.”
The following day, Hill was contacted by Lisa Kerr, an investigator with Adult Protective Services, who told her the “full, horrifying magnitude of what had occurred.”
“Unlike the vague and evasive responses from program staff the day before, Ms. Kerr was direct and unequivocal in her account, relaying the findings of APS’s preliminary investigation and the statements gathered from eyewitnesses on site,” the complaint states. “According to Ms. Kerr, multiple staff members had come forward and provided consistent and credible accounts of the assault. She stated, in no uncertain terms: “Jeff put both hands around his [N.H.’s] neck,” “Jeff choked him [N.H.] with his hands,” and “Jeff slammed him [N.H.] and threw him down to the ground.”
Hill accuses the defendants of unlawful disability harassment and discrimination in violation of the West Virginia Human Rights Act, respondeat superior (negligent hiring, supervision and retention), negligence as well as civil assault and battery.
She seeks compensatory damages for N.H.’s permanent psychological injuries, pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame, inconvenience and other injuries as well as punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
In a statement, Prestera said it is aware of the issue but can’t comment on specific personnel matters.
“We take all reports involving the safety and well-being of those we serve very seriously,” the statement said. “We want to assure the public that we follow strict policies and procedures to respond appropriately to any allegation.
“We report to the relevant oversight agencies as required and fully cooperate with any investigations. Our commitment remains to providing a safe, respectful, and supportive environment for every person in our care as we have for almost 60 years.”
Hill is being represented by Michael Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Richard D. Lindsay.
Kanawha Circuit Court case number 25-C-892
