Case: Nobles v. Duncil

83-249 | West Virginia state trial court

Filed Date: 1983

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Case Summary

In July 1983, five inmates at the Huttonsville Correctional Facility in West Virginia petitioned the Supreme Court of West Virginia for a writ of mandamus challenging certain conditions at that facility which, they alleged, violated their constitutional and statutory rights. The plaintiffs, represented by Mountain State Justice, Inc., were concerned with overcrowding, disciplinary procedures, and medical care at the prison, in addition to other conditions.The Supreme Court of West Virginia iss…

In July 1983, five inmates at the Huttonsville Correctional Facility in West Virginia petitioned the Supreme Court of West Virginia for a writ of mandamus challenging certain conditions at that facility which, they alleged, violated their constitutional and statutory rights. The plaintiffs, represented by Mountain State Justice, Inc., were concerned with overcrowding, disciplinary procedures, and medical care at the prison, in addition to other conditions.

The Supreme Court of West Virginia issued a rule of mandamus returnable to the Circuit Court of Randolph County and appointed Judge Larry V. Starcher as Special Judge. The Circuit Court of Randolph County (Judge Starcher) entered an order finding that conditions at the Huttonsville Correctional Facility fell below the standards guaranteed by the Constitution of West Virginia.

From 1985 to 1996, Judge Starcher monitored the operation and improvement of the facility. On December 26, 1996, the Circuit Court of Randolph County (Judge Starcher) issued a final order in the case, which the defendants appealed.

On July 8, 1998, the Supreme Court of West Virginia (Judge Elliott Maynard) reversed two provisions of the final order, holding that the facility was not required to hire someone outside the Department of Corrections to conduct inmate disciplinary hearings and that future contracts for outside inmate medical services did not have to provide for a per incident threshold of five hundred dollars. Nobles v. Duncil, 505 S.E.2d 442 (W.Va. 1998). We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (12/13/2007)

People


Judge(s)

Maynard, Elliot E. (West Virginia)

Attorney for Plaintiff

Hedges, Daniel F. (West Virginia)

Attorney for Defendant

McGraw, Darrell V. Jr. (West Virginia)

Pauley, Rita A. (West Virginia)

Expert/Monitor/Master/Other

Starcher, Larry V. (West Virginia)

Judge(s)

Maynard, Elliot E. (West Virginia)

Attorney for Plaintiff
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

24748

Reported Opinion

West Virginia state supreme court

July 8, 1998

July 8, 1998

Order/Opinion

505 S.E.2d 505

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: West Virginia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 1983

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Five (5) inmates at the Huttonsville Correctional Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

West Virginia Department of Corrections, State

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1985 - 1998

Issues

General:

Disciplinary procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run