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44 cases, 181 documents
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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
Rose v. Jividen

5:22-cv-00405 | U.S. District Court for the Southern District of West Virginia

Filed Date: Sept. 21, 2022

Case Ongoing

On September 21, 2022, two men, one currently and one formerly incarcerated in Southern Regional Jail (SRJ), filed this putative class action lawsuit in the U.S. District Court for the Southern District of West Virginia. They sought to represent a class of individuals imprisoned in SRJ facilities, which house both pre-trial individuals and those who have received their sentences. They sued the former commissioner of the West Virginia Division of Corrections and Rehabilitations (WVDOC), the form…
REPRODUCTIVE ISSUES
Women's Health Center of West Virginia v. Miller

22-C-556 | West Virginia state trial court

Filed Date: June 29, 2022

Case Ongoing

On June 29, 2022, the Women's Health Center of West Virginia filed this lawsuit to challenge the enforceability of West Virginia's “Criminal Abortion Ban” which was enacted in the 1800s and used to punish abortion care providers, women seeking abortions, and their partners (W. Va. Code § 61-2-8 ). With the help of the ACLU, Plaintiffs brought this suit in the Circuit Court of Kanawha County, West Virginia, claiming that though the ban has been dormant and replaced by a ​​modern legal regime tha…
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…
EDUCATION
Doe v. Wood County Board of Education

6:12-cv-04355 | U.S. District Court for the Southern District of West Virginia

Filed Date: Aug. 15, 2012

Closed Date: Aug. 6, 2013

On August 15, 2012, a mother and her three minor daughters filed a complaint under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 against the Wood County Board of Education and Van Devender Middle School. The plaintiffs, represented by the ACLU and private counsel, sought declaratory, injunctive and monetary relief. They alleged that the School's single-sex education program approved by the Board violated the Equal Protection Clause of the United States Cons…
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…
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…
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
Michael T. v. Bowling

2:15-cv-09655 | U.S. District Court for the Southern District of West Virginia

Filed Date: July 9, 2015

Closed Date: Aug. 21, 2019

On July 9, 2015, West Virginia residents with intellectual and developmental disabilities who participate in West Virginia's I/DD Waiver Program filed this class action lawsuit in the United States District Court for the Southern District of West Virginia. The plaintiffs sued the West Virginia Department of Heath and Human Resources (DHHR) under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The plaintiffs, represented by Mountain S…