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Case Name State ex rel Berry v. McBride PC-WV-0003
Docket / Court 30696 ( State Court )
State/Territory West Virginia
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
On October 8, 2002 James William Berry, a disabled inmate of the Mount Olive Correctional Center ("MOCC"), filed pro se for a Writ of Mandamus from the Supreme Court of Appeals of West Virginia to prohibit the Warden of MOCC from requiring Berry to share his single cell with another inmate. On ... read more >
On October 8, 2002 James William Berry, a disabled inmate of the Mount Olive Correctional Center ("MOCC"), filed pro se for a Writ of Mandamus from the Supreme Court of Appeals of West Virginia to prohibit the Warden of MOCC from requiring Berry to share his single cell with another inmate. On November 27, 2002 the writ was granted on grounds that section 95-2-8.7 of West Virginia Code of State Regulations prohibited the housing of more than one inmate in a correctional facility (prison, not jail) cell designed for single occupancy. State ex rel. Berry v. McBride, No. 30696, 2002 WL 31681823 (W. Va. Nov. 27, 2002) (Judge unknown.)

On January 16, 2003, the Supreme Court of Appeals of West Virginia (Judge Larry V. Starcher) granted rehearing of the matter after the defendant pointed out a 1998 amendment to the code of state regulations, which removed correctional facilities from the purview of 95-2-8.7. The original opinion was withdrawn, private counsel was appointed to the inmate, and the Court appointed a special master (Judge Derek C. Swope) to gather information and depositions.

On November 30, 2005, the Supreme Court of Appeals of West Virginia (Judge Starcher), accepted the recommendations of the special master and issued a modified writ. As modified the writ of mandamus required that enforceable standards and procedures related to single- and double-bunking, which are based on pertinent medical and other relevant criteria, be developed and implemented by MOCC. Specifically those standards were to be applied to Berry in the event that he is again considered for double bunking. State ex rel. Berry v. McBride, No. 30696, 2005 WL 3214952 (W. Va November 30, 2005). We have no docket or further information for this case.

Greg Venker - 05/16/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Classification / placement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action None on record
Defendant(s) Mount Olive Correctional Center
Plaintiff Description Prisoner incarcerated in correctional facility filed petition for writ of mandamus prohibiting warden from requiring prisoner to share cell with another inmate.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2005 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 11/27/2002 (2002 WL 31681823 / 2002 W.Va.LEXIS 2002)
PC-WV-0003-0002 PDF | WESTLAW| LEXIS | Detail
Reported Opinion 11/30/2005 (625 S.E.2d 341)
PC-WV-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Starcher, Larry V. (State Supreme Court)
PC-WV-0003-0001
Monitors/Masters None on record
Plaintiff's Lawyers Huber, Jason E (West Virginia)
PC-WV-0003-0001
Defendant's Lawyers Houdyschell, Charles P. Jr. (West Virginia)
PC-WV-0003-0001
McGraw, Darrell V. Jr. (West Virginia)
PC-WV-0003-0001
Other Lawyers None on record

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