Case: State ex rel Berry v. McBride

02-30696 | West Virginia state trial court

Filed Date: Oct. 8, 2002

Clearinghouse coding complete

Case Summary

On October 8, 2002 James William Berry, a disabled inmate of the Mount Olive Correctional Center ("MOCC"), filed pro se for a Writ of Mandamus from the Supreme Court of Appeals of West Virginia to prohibit the Warden of MOCC from requiring Berry to share his single cell with another inmate. On November 27, 2002 the writ was granted on grounds that section 95-2-8.7 of West Virginia Code of State Regulations prohibited the housing of more than one inmate in a correctional facility (prison, not j…

On October 8, 2002 James William Berry, a disabled inmate of the Mount Olive Correctional Center ("MOCC"), filed pro se for a Writ of Mandamus from the Supreme Court of Appeals of West Virginia to prohibit the Warden of MOCC from requiring Berry to share his single cell with another inmate. On November 27, 2002 the writ was granted on grounds that section 95-2-8.7 of West Virginia Code of State Regulations prohibited the housing of more than one inmate in a correctional facility (prison, not jail) cell designed for single occupancy. State ex rel. Berry v. McBride, No. 30696, 2002 WL 31681823 (W. Va. Nov. 27, 2002) (Judge unknown.)

On January 16, 2003, the Supreme Court of Appeals of West Virginia (Judge Larry V. Starcher) granted rehearing of the matter after the defendant pointed out a 1998 amendment to the code of state regulations, which removed correctional facilities from the purview of 95-2-8.7. The original opinion was withdrawn, private counsel was appointed to the inmate, and the Court appointed a special master (Judge Derek C. Swope) to gather information and depositions.

On November 30, 2005, the Supreme Court of Appeals of West Virginia (Judge Starcher), accepted the recommendations of the special master and issued a modified writ. As modified the writ of mandamus required that enforceable standards and procedures related to single- and double-bunking, which are based on pertinent medical and other relevant criteria, be developed and implemented by MOCC. Specifically those standards were to be applied to Berry in the event that he is again considered for double bunking. State ex rel. Berry v. McBride, No. 30696, 2005 WL 3214952 (W. Va November 30, 2005). We have no docket or further information for this case.

Summary Authors

Greg Venker (5/16/2006)

People


Judge(s)

Starcher, Larry V. (West Virginia)

Attorneys(s) for Plaintiff

Huber, Jason E (West Virginia)

Attorneys(s) for Defendant

Houdyschell, Charles P. Jr. (West Virginia)

McGraw, Darrell V. Jr. (West Virginia)

Judge(s)

Starcher, Larry V. (West Virginia)

Attorneys(s) for Plaintiff

Huber, Jason E (West Virginia)

Attorneys(s) for Defendant

Houdyschell, Charles P. Jr. (West Virginia)

McGraw, Darrell V. Jr. (West Virginia)

Documents in the Clearinghouse

Document

02-30696

Reported Opinion

State ex rel. Berry v. McBride

West Virginia state supreme court

2002 WL 31681823, 2002 W.Va.LEXIS 2002

Nov. 27, 2002

Nov. 27, 2002

Order/Opinion

02-30696

Reported Opinion

State ex rel. Berry v. McBride

West Virginia state supreme court

625 S.E.2d 341, 2005 WL 3214952, 2005 W.Va.LEXIS 161

Nov. 30, 2005

Nov. 30, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 1, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: West Virginia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 8, 2002

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Prisoner incarcerated in correctional facility filed petition for writ of mandamus prohibiting warden from requiring prisoner to share cell with another inmate.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mount Olive Correctional Center (West Virginia), State

Case Details

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2005 - None

Issues

General:

Classification / placement

Conditions of confinement

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Type of Facility:

Government-run