PORTSMOUTH, Va. — The City of Portsmouth is now firing back against the sheriff with a lawsuit of its own.
Portsmouth filed a writ of mandamus against Sheriff Michael A. Moore.
A writ of mandamus is a court order to a government official ordering that official to properly do their job or correct an abuse of discretion.
In this case, the city claims it isn't the sheriff's job but it's own to maintain jails or contract with others to do so.
According to the lawsuit, on October 24, 1995, Portsmouth City Council adopted a resolution that approved an agreement to commit 250 inmates to Hampton Roads Regional Jail and to maintain that number of inmates.
"I don't know why this sheriff refused to do so, it's wrong. It puts Portsmouth in breach of contract, it endangers the prisoners because of the conditions of that building," Assistant City Attorney Burle Stromberg said.
Because of the agreement, the city is obligated to pay Hampton Roads Regional Jail for 250 beds. The cost is $65.00 per bed, which is $16,250 every day. This means the city pays $5,931,250 every year, and $5,947,500 every leap year, whether they have inmates using the bed or not.
The lawsuit claims the city has not maintained the 250 beds because Moore refuses to send inmates to Hampton Roads Regional Jail, violating the agreement.
"We're spending money for empty beds," Stromberg said. "If the city jail closed Portsmouth would save two million dollars a year not to mention the development opportunity on that land."
According to court documents, there are about 40 inmates of Portsmouth at Hampton Roads Regional Jail at this time.
The city asked for the writ of mandamus be issued to Moore telling him to send all new prisoners, and current inmates at the Portsmouth City Jail, to Hampton Roads Regional Jail until all 250 beds are filled.
The full writ of mandamus sent to Moore can be read below.
This all started in July when inspectors condemned the Portsmouth Civic Center Complex including the jail and sheriff's office.
The day after the buildings were condemned, the sheriff filed an injunction to keep the jail opened and then sued the city over the abrupt condemnation.
After a hearing on September 25, a judge approved the condemnation for all of the buildings but never made a decision on the jail.
Portsmouth officials only had 30 days to move the other offices in the civic center complex, but city officials have yet to tell us where those offices moved to or if they have moved.