Raleigh County Prosecuting Attorney Benjamin Hatfield was hit Tuesday with a civil lawsuit by nine people in his office, including assistant prosecuting attorneys who allege a hostile working environment, sexual harassment and gender-based discrimination.
The suit comes fast on the heels of a request by the county commission last week which asked the state to investigate “allegations of inappropriate conduct” by Hatfield after it was revealed that a woman was asking a court for a domestic violence protective order against him and described herself as a “sexual partner” of the first-term prosecuting attorney who is seeking reelection this November.
A Raleigh County judge found Hatfield and the woman “to have engaged in consensual sexual intercourse on more than one occasion” but denied the woman’s request for a protective order.
Intentions to file a civil action against Hatfield, the Raleigh County Prosecuting Attorney’s Office and the Raleigh County Commission were hand delivered to the Raleigh County Commission and sent via certified mail to the West Virginia Attorney General’s Office on Monday.
The notices to the commissioners and the attorney general were sent by the Beckley law firm Bradford & Gray LLC on behalf of nine individuals, including assistant prosecuting attorneys and their support staff.
According to the notice, each of the individuals is alleging “hostile work environment, gender-based discrimination, inappropriate harassment, damage to reputation, deprivation of civil rights to equal protection, and fundamental fairness arising as a direct result of the employment and supervision of Benjamin Hatfield as the Raleigh County Prosecuting Attorney.”
The proposed civil action further claims that “as a direct and proximate cause of Raleigh County Prosecuting Attorney, Benjamin Hatfield’s acts,” the nine individuals “received injuries and damages, and as a claim for relief, are asking for the policy limits of the insurance coverage of the Raleigh County Prosecuting Attorney’s Office/Raleigh County Commissioners Office.”
In a statement to WVNS, Branson Gray of Bradford & Gray stated, “We are representing prosecuting attorneys and their support staff. They are the ones that protect the citizens of Raleigh County on a daily basis ... It’s unfortunate that this has occurred but this suit must be filed to ensure that they can do their job properly.”
The Register-Herald reached out to Hatfield Tuesday. He stated he did not wish to comment on the matter.
This marks the second time in four months that a civil suit has been filed against Raleigh County elected officials claiming “a hostile working environment” and other allegations.
In May, six Raleigh County circuit clerk employees filed suit against former Raleigh County Circuit Clerk Robert “Bob” McComas and the Raleigh County Commission.
The suit accused McComas of sexually harassing employees, making offensive statements based on gender, sexual orientation, race, and national origin, using the n-word in “jokes,” acting aggressively toward employees, disrespecting judges, brandishing a firearm in violation of a standing court order, and using discriminatory practices in scheduling and punitive measures.
Four months before the suit was filed, McComas resigned as Raleigh County circuit clerk.
His resignation came roughly a week after the county suspended him and opened an internal investigation into complaints against McComas’s behavior toward employees which was described as sexist and racist.
Raleigh County Commission President Greg Duckworth, contacted by The Register-Herald on Tuesday regarding the pending civil litigation, said he had been advised by the commission’s counsel not to comment on the issue because it involved a “personnel matter.”
However, he said Hatfield had been placed on administrative leave.
“Benjamin Hatfield has been placed on leave until the pending investigations have been completed,” Duckworth said. “During this period, (Assistant Prosecuting Attorney) Dominik Cangemi will be in charge of the office and we hope that everyone will support Dominik.”
During a special commission meeting on Aug. 22, commissioners approved a request to the West Virginia Commission on Special Investigations to open an investigation into “allegations of inappropriate conduct” against Hatfield.
At the time, County Attorney Bill Roop said Hatfield would continue to work while the investigation was underway.
The allegations were brought to the attention of commissioners by three Raleigh County circuit judges who sent a letter.
The details of that letter have not been released.
The request for a special investigation came a day after Hatfield was cleared of a domestic violence protective order filed by a female who identified herself in court filings as a “sexual partner.”
An order filed Aug. 21 in Raleigh County Circuit Court by Clay-Nicholas Family Court Judge Harley Stollings stated, “The Court finds that the parties engaged in consensual sexual intercourse on more than one occasion.”
The order further stated that the request for a domestic violence protective order was denied because “the Petitioner failed to prove the allegations of domestic violence or abuse by a preponderance of evidence” as defined in state code.
The state defines a preponderance of evidence as the greater weight of the evidence is enough to make a fair and impartial person believe it.
The order was issued following a three-and-a-half-hour hearing in Raleigh County Family Court before Stollings with Hatfield, his female accuser and their respective attorneys.
Following testimony and evidence presented during the hearing from both sides, the order states that “the Petitioner is not a victim of domestic violence, sexual assault, or stalking,” as provided in state code.
The petition was initially filed in July in Fayette County after the female accuser was allegedly denied the ability to file in Raleigh County, according to statements the female made that were included in public court documents.
The petition was denied, then appealed, and then denied again before being transferred to Raleigh County Family Court, where it was sent to Stollings.
Stollings approved the petition for a temporary order based solely on testimony from the female accuser but later denied a longer-lasting protective order against Hatfield.
Representing Hatfield in the hearing for the domestic violence protective order was local attorney and West Virginia House Delegate Brandon Steele.
Steele told The Register-Herald Tuesday that he only represented Hatfield in the domestic violence protective order and has no involvement in the pending civil matter, adding that those matters are typically handled by commission attorneys.
