Case: State ex rel. Williams v. Dep't of Military Affairs of Pub. Safety

01-30407 | West Virginia state trial court

Filed Date: Aug. 28, 2001

Clearinghouse coding complete

Case Summary

On August 28, 2001, an inmate at the Huttonsville Correctional Center filed a pro se petition for writs of mandamus in the Supreme Court of Appeals for West Virginia. The plaintiff alleged that he had been denied rehabilitative services during his incarceration and that he had been improperly placed on restrictive status. On September 19, 2001, the same inmate filed a pro se petition for habeas corpus in the same court, challenging the prison's procedures for restoring good time credit and th…

On August 28, 2001, an inmate at the Huttonsville Correctional Center filed a pro se petition for writs of mandamus in the Supreme Court of Appeals for West Virginia. The plaintiff alleged that he had been denied rehabilitative services during his incarceration and that he had been improperly placed on restrictive status. On September 19, 2001, the same inmate filed a pro se petition for habeas corpus in the same court, challenging the prison's procedures for restoring good time credit and the procedures for notifying prisoners of alleged disciplinary violations.

On October 11, 2002, the Supreme Court of Appeals for West Virginia (Judge Robin Davis) held that the warden lacked authority to prohibit inmates from applying for the restoration of good time credit until two years immediately preceding their discharge date, that the warden's practice was arbitrary and capricious and without a rational basis required by the due process clause, and that the inmates were entitled to notice of alleged disciplinary violations within a reasonable time and with such specificity as to permit the inmates to understand the nature of the charges. State ex rel. Williams v. Department of Military Affairs of Public Safety, 573 S.E.2d 1 (W.Va. 2002). We have no further information on the proceedings of this case.

Summary Authors

Kristen Sagar (4/22/2006)

People


Judge(s)

Davis, Robin Jean (West Virginia)

Neely, Richard Forlani (West Virginia)

Attorneys(s) for Plaintiff

Huber, Jason E (West Virginia)

Morton, Ernest (West Virginia)

Attorneys(s) for Defendant

Koerber, Barry L. (West Virginia)

McGraw, Darrell V. Jr. (West Virginia)

Taylor, Silas (West Virginia)

Judge(s)

Davis, Robin Jean (West Virginia)

Neely, Richard Forlani (West Virginia)

Attorneys(s) for Plaintiff

Huber, Jason E (West Virginia)

Morton, Ernest (West Virginia)

Attorneys(s) for Defendant

Koerber, Barry L. (West Virginia)

McGraw, Darrell V. Jr. (West Virginia)

Taylor, Silas (West Virginia)

Documents in the Clearinghouse

Document

01-30407

Reported Opinion

West Virginia state supreme court

573 S.E.2d 1

Oct. 11, 2002

Oct. 11, 2002

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: Aug. 28, 2001

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Five (5) individuals incarcerated at Huttonsville Correctional Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Military Affairs and Public Safety, State

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2002 - 0

Issues

General:

Disciplinary procedures

Rehabilitation

Discrimination-area:

Discipline

Affected Gender:

Male

Type of Facility:

Government-run