CHARLESTON, W.Va. (AP) – The West Virginia Supreme Court has ruled that a video of the cell extraction of an inmate at the Western Regional Jail cannot be made public, reversing a Kanawha County judge’s ruling.
The Charleston Gazette-Mail reports that the justices ruled Wednesday that footage of flash-bang grenades thrown inside inmate Shane Marcum’s cell reveals the facility’s design and operational procedures. The 20-page opinion authored by Justice Robin Davis says the release is thus prohibited under state law.
Marcum claims in a lawsuit against the West Virginia Regional Jail Authority that he received severe burns from the grenades. His attorney, Paul Stroebel, couldn’t be reached for comment after the decision.
In 2015, Kanawha Circuit Judge Joanna Tabit ruled the video didn’t fall within exemptions to the state’s Freedom of Information Act.