WVSP settles lawsuit involving senior staffer who still remains with agency

WEST VIRGINIA (WCHS) — West Virginia State Police is still dealing with a number of issues that festered under former leadership, including a recent settlement where the agency paid $300,000 to one of its own.

Talia Divita became a West Virginia State Trooper in January 2003 and climbed the ranks to sergeant. In 2017, Divita was transferred to the West Virginia Turnpike. As outlined in her complaint against the agency, that's when her troubles began.

Divita declined to talk with Eyewitness News on camera and directed her attorney to speak on her behalf.

“So in about late 2018, she had some issues there with some work environment concerns. Raised those concerns with the first sergeant at the time, Robert Maddy, and really for about the next six to nine months felt like those concerns weren't being heard,” John-Mark Atkinson, Divita’s lawyer, said.

“It came to a point in summer 2019 where she pointed that out to him in an email and said ‘I don't think I'm being treated fairly, I think it's because I'm a woman,’” Atkinson continued. “[She] put that in writing to him and after that, things got worse.”

Divita claims her supervisor, then-First Sgt. Robert Maddy, began to retaliate against her by unnecessary criticism, critiques and harassment.

“The claim was based around, kind of gender discrimination or hostile work environment, but also retaliation,” Atkinson said. “Because what happened, Talia put these concerns in writing in an email that she felt like she was being treated differently because she was a woman and within six days of that she got written up six times.

“For context, Talia worked there 16 and a half years, never had one write up – not one negative evaluation. Nothing. She puts this in writing in an email, within six days she gets six,” Atkinson continued. “That led to that summer when she got her yearly evaluation; it did not meet expectations and she was ineligible for a promotion for the cycle. So, for 16 years she was a good employee, a great employee. Then she puts a complaint in writing, ‘I'm being treated differently because I'm a woman and within six days she got written up six times.”

Divita's lawyer said because of Maddy's actions, she filed a formal complaint in 2020 against WVSP. It languished for about three years until a judge's ruling allowing additional evidence to be introduced prompted the state police to start settlement negotiations.

On Nov. 3, 2023, Divita signed a $300,000 settlement.

“All she did was simply speak out and say ‘I don't think I'm being treated fairly because I'm a woman,’” Atkinson said. “Made that clear and as a result was clearly retaliated against and would like to not be the case for other female troopers with the state police.”

Questions remain as Maddy has since been promoted to captain. He serves as the deputy chief of staff services, director of public relations and is the agency's statewide media contact.

Maddy is now seventh in the chain of command.

West Virginia Superintendent Jack Chambers who was appointed to the role in an interim position after Jan Cahill, the previous superintendent resigned, said he was familiar with him from previous stints and trusted him.

“Well, I know that captain that you're talking about. I vetted everybody that I put on senior staff when I came back,” Col. Jack Chambers said. “As I did before when I was chief of field I was asked then by the superintendent, the sitting superintendent, to help select certain people. When I was deputy superintendent I was asked to be a part of that as well. Ultimately, the decision was theirs but they wanted my input. So, I knew how that process worked. Like I say, I'm intentional, direct, I knew the captain when he was a young trooper. Trusted him. He was, he wasn't involved in what I felt, the day-to-day operations of what was happening. I'm not saying that's anybody's fault, but that's the feeling I got.”

Chambers said the circumstances surrounding the lawsuit were unique and did not prevent Maddy from being promoted.

“Well, like I said that's a, that's a unique set of circumstances that was going on with that particular lawsuit,” Chambers said. “Like I said, that lawsuit was filed before he was on senior staff. And there was an internal investigation conducted regarding those accusations and they were – he was cleared on them by the former administration. So, I knew about that. I do, I felt like I could trust him. He is knowledgeable and I'll just tell you this. He's done everything I've asked of him and more in the 10 months he's been here under me.”

Divita has said she holds no ill will against Maddy or the state police and just wants to continue serving as a trooper.

“We deal with a lot of cases of unlawful termination and harassment. Often those people are not, not with that company anymore, with their employer anymore,” Atkinson said. “Talia continued to work there throughout this time, continues to work there today. So, that is something she's had to carry the past four years while this case has been ongoing and still moving forward.”

The standard agreement stipulates the state police did not admit any wrongdoing while settling the Divita case, even with the six-figure payout.

“I love the West Virginia State Police, love the people in it, love the civilians. There's more work to be done, there's no doubt about it. But there's always gonna be work to be done in the state police,” Chambers said. “For the betterment, you know, getting good candidates, getting in people, you know, that the public has trust in that they're gonna go out and do their jobs.”

Eyewitness News reached out to Maddy for comment, but did not hear back.