Case: Shaw v. Allen

1:81-cv-01008 | U.S. District Court for the Southern District of West Virginia

Filed Date: Feb. 6, 1981

Closed Date: April 15, 1997

Clearinghouse coding complete

Case Summary

In 1981, inmates at McDowell County Jail in West Virginia filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Southern District of West Virginia against McDowell County Commissioners and Sheriff claiming constitutional violations in the jail. Plaintiffs were represented by Appalachian Research and Defense Fund and private attorneys. A comprehensive order was entered on April 11, 1983 enjoining the defendants from operating the jail in a manner that …

In 1981, inmates at McDowell County Jail in West Virginia filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Southern District of West Virginia against McDowell County Commissioners and Sheriff claiming constitutional violations in the jail. Plaintiffs were represented by Appalachian Research and Defense Fund and private attorneys. A comprehensive order was entered on April 11, 1983 enjoining the defendants from operating the jail in a manner that violated the Constitution and specifying actions to be taken to bring the jail into compliance. Plaintiffs initiated contempt proceedings several times throughout the 1980s. The district court responded by ordering inspections and appointing a monitor. The monitor reported that defendants were not complying with the order.

On December 26, 1990, the district court (Judge Elizabeth Hallahan) held that the consistent failure of defendants to improve jail conditions warranted the year-long appointment of a receiver to bring the prison into compliance. Shaw v. Allen, 771 F.Supp. 760 (S.D.W.Va. 1990). The court appointed Professor James McCoy of Marshall University as receiver and he was granted all the authority held by the County Commissioners and Sheriff in running the jail.

The PACER docket provides information on proceedings since 1993. On February 2, 1993, Judge Hallahan signed an order agreed to by the parties enjoining defendants from paying off correctional officers, reducing jail staff, closing the jail's third floor, or ceasing to house female inmates. The order also noted that defendants agreed that the County Commissioners would be responsible for the conditions of the jail and the sheriff would have no further responsibility. On October 21, 1993, Judge Hallahan appointed a monitor to make monthly inspections of the jail. On November 2, 1994, an order directed defendants to take specific actions including providing medical training for correctional officers, improving fire safety systems, and developing a medical plan. The order also directed defendants to post the order in the jail. Proceedings continued regarding the monitor's fees until he was released from his duties on April 15, 1997.

Summary Authors

Angela Heverling (4/24/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18820241/parties/shaw-v-belcher/


Judge(s)
Attorney for Plaintiff

Baker, Robert S. (West Virginia)

Googel, Norman (West Virginia)

Attorney for Defendant

Bell, Sidney H. (West Virginia)

Hall, Sarah N. (West Virginia)

Expert/Monitor/Master/Other

Binder, Janice (West Virginia)

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Documents in the Clearinghouse

Document

1:81-cv-01008

Docket [PACER]

Shaw v. Belcher

April 15, 1997

April 15, 1997

Docket

1:81-cv-01008

Order

Dec. 26, 1990

Dec. 26, 1990

Order/Opinion

771 F.Supp. 771

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18820241/shaw-v-belcher/

Last updated March 31, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

Paper Docket Sheet

Feb. 6, 1981

Feb. 6, 1981

PACER
1

Paper Docket Sheet

Feb. 6, 1981

Feb. 6, 1981

PACER
1

Paper Docket Sheet

Feb. 6, 1981

Feb. 6, 1981

PACER
1

Paper Docket Sheet

Feb. 6, 1981

Feb. 6, 1981

PACER

Case closed (cel) (Entered: 01/26/1993)

Aug. 20, 1985

Aug. 20, 1985

Terminated Case

Aug. 20, 1985

Aug. 20, 1985

PACER

Terminated Case

Aug. 20, 1985

Aug. 20, 1985

PACER

Terminated Case

Aug. 20, 1985

Aug. 20, 1985

PACER

Terminated Case

Aug. 20, 1985

Aug. 20, 1985

PACER
103

Motion / Application / Petition for Miscellaneous Relief

Jan. 25, 1993

Jan. 25, 1993

PACER
103

Motion / Application / Petition for Miscellaneous Relief

Jan. 25, 1993

Jan. 25, 1993

PACER
103

Motion / Application / Petition for Miscellaneous Relief

Jan. 25, 1993

Jan. 25, 1993

PACER
103

Motion / Application / Petition for Miscellaneous Relief

Jan. 25, 1993

Jan. 25, 1993

PACER
104

Order

Jan. 25, 1993

Jan. 25, 1993

PACER
104

Order

Jan. 25, 1993

Jan. 25, 1993

PACER
104

Order

Jan. 25, 1993

Jan. 25, 1993

PACER
104

Order

Jan. 25, 1993

Jan. 25, 1993

PACER

Remark

Jan. 26, 1993

Jan. 26, 1993

PACER

Remark

Jan. 26, 1993

Jan. 26, 1993

PACER

Remark

Jan. 26, 1993

Jan. 26, 1993

PACER

Remark

Jan. 26, 1993

Jan. 26, 1993

PACER
105

Order

Feb. 2, 1993

Feb. 2, 1993

PACER
105

Order

Feb. 2, 1993

Feb. 2, 1993

PACER
105

Order

Feb. 2, 1993

Feb. 2, 1993

PACER
105

Order

Feb. 2, 1993

Feb. 2, 1993

PACER
106

Motion / Application / Petition for Miscellaneous Relief

March 10, 1993

March 10, 1993

PACER
106

Motion / Application / Petition for Miscellaneous Relief

March 10, 1993

March 10, 1993

PACER
106

Motion / Application / Petition for Miscellaneous Relief

March 10, 1993

March 10, 1993

PACER
106

Motion / Application / Petition for Miscellaneous Relief

March 10, 1993

March 10, 1993

PACER
107

Response to Court Order

March 12, 1993

March 12, 1993

PACER
107

Response to Court Order

March 12, 1993

March 12, 1993

PACER
107

Response to Court Order

March 12, 1993

March 12, 1993

PACER
107

Response to Court Order

March 12, 1993

March 12, 1993

PACER
108

Order

April 5, 1993

April 5, 1993

PACER
108

Order

April 5, 1993

April 5, 1993

PACER
108

Order

April 5, 1993

April 5, 1993

PACER
108

Order

April 5, 1993

April 5, 1993

PACER
109

Status Report

April 26, 1993

April 26, 1993

PACER
109

Status Report

April 26, 1993

April 26, 1993

PACER
109

Status Report

April 26, 1993

April 26, 1993

PACER
109

Status Report

April 26, 1993

April 26, 1993

PACER
110

Status Report

April 28, 1993

April 28, 1993

PACER
110

Status Report

April 28, 1993

April 28, 1993

PACER
110

Status Report

April 28, 1993

April 28, 1993

PACER
110

Status Report

April 28, 1993

April 28, 1993

PACER
111

Order

May 14, 1993

May 14, 1993

PACER
111

Order

May 14, 1993

May 14, 1993

PACER
111

Order

May 14, 1993

May 14, 1993

PACER
111

Order

May 14, 1993

May 14, 1993

PACER
112

Motion / Application / Petition for Miscellaneous Relief

May 21, 1993

May 21, 1993

PACER
112

Motion / Application / Petition for Miscellaneous Relief

May 21, 1993

May 21, 1993

PACER
112

Motion / Application / Petition for Miscellaneous Relief

May 21, 1993

May 21, 1993

PACER
112

Motion / Application / Petition for Miscellaneous Relief

May 21, 1993

May 21, 1993

PACER
113

Motion / Application / Petition for Miscellaneous Relief

May 24, 1993

May 24, 1993

PACER
113

Motion / Application / Petition for Miscellaneous Relief

May 24, 1993

May 24, 1993

PACER
113

Motion / Application / Petition for Miscellaneous Relief

May 24, 1993

May 24, 1993

PACER
113

Motion / Application / Petition for Miscellaneous Relief

May 24, 1993

May 24, 1993

PACER
114

Motion / Application / Petition for Miscellaneous Relief

June 4, 1993

June 4, 1993

PACER
114

Motion / Application / Petition for Miscellaneous Relief

June 4, 1993

June 4, 1993

PACER
114

Motion / Application / Petition for Miscellaneous Relief

June 4, 1993

June 4, 1993

PACER
114

Motion / Application / Petition for Miscellaneous Relief

June 4, 1993

June 4, 1993

PACER
115

Motion / Application / Petition for TRO

June 11, 1993

June 11, 1993

PACER
115

Motion / Application / Petition for TRO

June 11, 1993

June 11, 1993

PACER
115

Motion / Application / Petition for TRO

June 11, 1993

June 11, 1993

PACER
115

Motion / Application / Petition for TRO

June 11, 1993

June 11, 1993

PACER
116

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
116

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
116

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
116

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
117

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
117

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
117

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
117

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
118

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
118

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
118

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
118

Motion / Application / Petition for Miscellaneous Relief

June 14, 1993

June 14, 1993

PACER
119

Remark

June 15, 1993

June 15, 1993

PACER
119

Remark

June 15, 1993

June 15, 1993

PACER
119

Remark

June 15, 1993

June 15, 1993

PACER
119

Remark

June 15, 1993

June 15, 1993

PACER
120

Order

June 15, 1993

June 15, 1993

PACER
120

Order

June 15, 1993

June 15, 1993

PACER
120

Order

June 15, 1993

June 15, 1993

PACER
120

Order

June 15, 1993

June 15, 1993

PACER
121

Order

June 15, 1993

June 15, 1993

PACER
121

Order

June 15, 1993

June 15, 1993

PACER
121

Order

June 15, 1993

June 15, 1993

PACER
121

Order

June 15, 1993

June 15, 1993

PACER

Motion Hearing

June 16, 1993

June 16, 1993

PACER

Motion Hearing

June 16, 1993

June 16, 1993

PACER

Motion Hearing

June 16, 1993

June 16, 1993

PACER

Motion Hearing

June 16, 1993

June 16, 1993

PACER
122

Order

June 16, 1993

June 16, 1993

PACER
122

Order

June 16, 1993

June 16, 1993

PACER
122

Order

June 16, 1993

June 16, 1993

PACER
122

Order

June 16, 1993

June 16, 1993

PACER
123

Order

June 16, 1993

June 16, 1993

PACER
123

Order

June 16, 1993

June 16, 1993

PACER
123

Order

June 16, 1993

June 16, 1993

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Jail Conditions

Special Collection(s):

Court-ordered receiverships

Key Dates

Filing Date: Feb. 6, 1981

Closing Date: April 15, 1997

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiffs are inmates at McDowell County Jail in West Virginia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

McDowell County (McDowell), County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Receivership

Order Duration: 1983 - None

Issues

General/Misc.:

Fire safety