Filed Date: 1988
Clearinghouse coding complete
Inmates lodged in West Virginia's regional and county jails while awaiting transfers filed a lawsuit under W.Va.Code, 62-13-5 [1977] in the Supreme Court of Appeals of West Virginia against the state's Department of Corrections, alleging that the delays in transfers due to overcrowding was a denial of the rehabilitative programs to which they were entitled.
On July 17, 1988, the Supreme Court of Appeals of West Virgina issued an unsigned per curiam opinion granting relief in mandamus, holding that inmates were entitled to prompt transfer under West Virginia Law. State ex rel. Stull v. Davis, 203 W.Va. 405 (1998). The court directed Commissioner of Corrections William K. Davis to submit within 60 days a complete plan for the immediate transfer to the division facilities of at least half of all inmates, appointing Special Master Patrick D. McManus to review the plans and submit reports as to their adequacy. We have no record of the proceedings that followed this order.
Summary Authors
Kristen Sagar (2/24/2006)
Castelle, George (West Virginia)
Molends, Jeffrey W. (West Virginia)
Cardinal, Chad M (West Virginia)
Kiser, Leslie K. (West Virginia)
McManus, Patrick D. (Minnesota)
Last updated Aug. 30, 2023, 1:44 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Key Dates
Filing Date: 1988
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Inmates sentenced to terms of confinement in facilities of West Virginia Division of Corrections alleging that their continued incarceration in regional and county jails was unlawful and resulted in denial of rehabilitative programs
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
West Virginia Department of Corrections , State
Facility Type(s):
Case Details
Causes of Action:
Other Dockets:
U.S. Court of Appeals for the Fourth Circuit Docket No. Not Available
West Virginia state supreme court 24459
West Virginia state supreme court 24460
West Virginia state supreme court 24461
West Virginia state supreme court 24462
West Virginia state supreme court 24463
West Virginia state supreme court 24464
West Virginia state supreme court 24465
West Virginia state supreme court 24466
West Virginia state supreme court 24467
West Virginia state supreme court 24468
West Virginia state supreme court 24470
West Virginia state supreme court 24469
West Virginia state supreme court 24472
Available Documents:
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions: