The following is content from an external news source, republished with permission.
by Lori Kersey, West Virginia Watch
October 24, 2025
A resident of John Manchin Sr. Health Care Center, represented by Sen. Joey Garcia, has filed a lawsuit against West Virginia Gov. Patrick Morrisey seeking to stop the sale of the state-run facility.
The lawsuit comes as Morrisey’s sale of four long-term care hospitals, including the John Manchin center, is expected to close next week.
Garcia, D-Marion, filed the complaint Thursday in Marion County Circuit on behalf of Mary DeVito, a 94-year-old widow who has lived at the facility since 2019 and requires 24-hour care, according to the lawsuit.
The lawsuit names as defendants Morrisey and Michael Caruso, secretary of the state Department of Health Facilities, in their official capacities.
Morrisey announced in August the state had reached a deal to sell four state-run long-term care facilities to New York-based development group Marx Development Group for $60 million. Besides the John Manchin facility, they include Hopemont Hospital in Preston County, Lakin Hospital in Mason County and Jackie Withrow Hospital in Raleigh County.
Together the facilities are licensed for about 500 beds. The facilities typically serve elderly patients using Medicaid.
In the complaint, Garcia argues that Morrisey and Caruso don’t have the authority to divest Caruso of his duty to manage and operate the John Manchin facility.
According to the lawsuit, House Bill 2006, legislation from 2023 that reorganized the state Department of Health and Human Resources into three departments, required the new Department of Health Facilities to operate the facility. Garcia believes the Legislature’s permission is required to sell the facilities.
The case is assigned to Marion County Circuit Judge Matthew S. Delligatti.
Delligatti on Friday granted a temporary restraining order stopping the sale of the John Manchin facility. He scheduled a hearing in the case for 3:30 p.m. Tuesday in Marion County Circuit Court.
The sale is scheduled to close Oct. 31.
In an email Friday, Drew Galang, Morrisey’s press secretary, said his administration has received the complaint and is aware of the temporary restraining order.
“The contract to sell these facilities is based on very strong legal authority, and we look forward to communicating our arguments to the court at Tuesday’s hearing,” Galang wrote.
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West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
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