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41 cases, 171 documents
Ordered by
IMMIGRATION AND/OR THE BORDER
West Virginia v. Department of Homeland Security

2:21-cv-00022 | U.S. District Court for the Northern District of West Virginia

Filed Date: Aug. 19, 2021

Case Ongoing

In this case, the state of West Virginia challenged the Biden administration's attempt to repeal the Migrant Protections Protocol (MPP) policy, which required asylum applicants to return to Mexico while their claims were being processed instead of being held in detention or paroled in the United States. West Virginia sued the Department of Homeland Security on August 19, 2021, alleging that its termination of RMX was arbitrary, capricious, and an abuse of discretion in violation of the APA and …
CHILD WELFARE
Jonathan R. v. Justice

3:19-cv-00710 | U.S. District Court for the Southern District of West Virginia

Filed Date: Sept. 30, 2019

Case Ongoing

This is a case about the administration of child welfare.  On September 30, 2019, twelve named plaintiffs, all children in the custody of West Virginia's Department of Health and Human Resources (DHHR), brought a class action complaint against the Governor of West Virginia Jim Justice, as well as the Cabinet Secretary for the West Virginia Department of Health and Human Services (DHHS), the Deputy Secretary for the West Virginia DHHS, and the Commissioner for Bureau of Children and Families (BC…
PRISON CONDITIONS
Baxley v. Jividen

3:18-cv-01526 | U.S. District Court for the Southern District of West Virginia

Filed Date: Dec. 18, 2018

Case Ongoing

COVID-19 Summary: The plaintiffs in this West Virginia jail conditions class-action case filed an emergency motion for relief on March 25, 2020, seeking an order to require the defendants to develop, disclose, and implement a plan to take appropriate actions to protect the plaintiff class from COVID-19. The court denied the motion because it found that the plaintiffs were unlikely to succeed on the merits of their claim. On December 18, 2018, the plaintiff, a pretrial detainee at West Virginia'…
PRISON CONDITIONS
Crain v. Bordenkircher

No. 17176 | West Virginia state supreme court

Filed Date: 1981

In 1981, a prisoner at the West Virginia Penitentiary at Moundsville (WVP) filed a habeas corpus petition against the Warden and Commissioner of the Department of Corrections (DOC) in the Circuit Court of Marshall County. Similar petitions by other WVP inmates were consolidated and the action proceeded as a class action. The plaintiffs, represented by private counsel and the Appalachian Research and Defense Fund, asked the court for habeas, declaratory and injunctive relief, alleging that con…
PRISON CONDITIONS
Gillespie v. Brewer

2:80-00188 | U.S. District Court for the Northern District of West Virginia

Filed Date: April 15, 1980

In November 1979, inmates at the West Virginia State Penitentiary in Moundsville, West Virginia staged a mass escape, prompting a security shakedown by the West Virginia Department of Public Safety. Several months later, an inmate of the prison filed a pro se lawsuit under 42 U.S.C. § 1983 against the Department of Public Safety in the U.S. District Court for the Northern District of West Virginia. The inmate alleged that the defendants had violated his civil rights during the security shaked…
PUBLIC BENEFITS/GOVERNMENT SERVICES
CODING IN PROCESS
U.S. ADA/Olmstead investigation of West Virginia Children's Mental Health System

Not filed | No Court

Filed Date: 2014

None
DISABILITY RIGHTS
G.T. v. Board of Education of Kanawha

2:20-cv-00057 | U.S. District Court for the Southern District of West Virginia

Filed Date: Jan. 24, 2020

Case Ongoing

This is a case challenging the legality of the Kanawha County Schools (KCS) treatment of students with disabilities. On January 24, 2020, a plaintiff who was a third-grade student in the Kanawha County School district, filed this class-action suit against the school district and its superintendent. The Arc of West Virginia, an advocacy organization that supports students with disabilities, also joined as a plaintiff. The student had autism and ADHD. The plaintiff had been denied effective behav…
SPEECH AND RELIGIOUS FREEDOM
Holland v. Sebelius

2:13-cv-15487 | U.S. District Court for the Southern District of West Virginia

Filed Date: June 24, 2013

Closed Date: 2015

On June 24, 2013, a for-profit company filed a lawsuit in the Southern District of West Virginia under 42 U.S.C. §1983, the Religious Freedom Restoration Act, and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff, represented by the public interest firm Liberty Institute, sought an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Specifically, the plaintiff claim…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Women's Health Center of West Virginia v. Morrisey

2:20-cv-00293 | U.S. District Court for the Southern District of West Virginia

Filed Date: April 24, 2020

Closed Date: May 7, 2020

COVID-19 Summary: On March 31, 2020, the Women’s Health Center of West Virginia and its patients brought this suit against West Virginia to enjoin the state enforcing the Governor's Executive Order which prevents people from obtaining abortion care during COVID-19. The plaintiffs sought preliminary injunction and a temporary restraining order. On April 28, the defendant announced a new Executive Order which allowed the plaintiffs to resume its operations. With the new order, the plaintiffs volu…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Benjamin H. v. Walker

3:99-cv-00338 | U.S. District Court for the Southern District of West Virginia

Filed Date: April 30, 1999

Closed Date: April 8, 2009

On April 30, 1999, developmentally disabled individuals eligible for Medicaid benefits filed a lawsuit under 42 U.S.C. § 1983, the Social Security Act, the Medicaid Act, the Americans with Disabilities Act, and the Due Process Clause of the Constitution, against West Virginia's Secretary of Health and Human Resources in the United States District Court for the Southern District of West Virginia. Plaintiffs, represented by public interest attorneys, asked the court for declaratory and injunctiv…