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Case Name Harrah v. Leverette PC-WV-0007
Docket / Court 14321 ( State Court )
State/Territory West Virginia
Case Type(s) Prison Conditions
Case Summary
Inmates at the Huttonsville Correctional Center in West Virginia filed a lawsuit under 42 U.S.C. § 1983 against the West Virginia Department of Corrections in the Supreme Court of Appeals of West Virginia. The prisoners asked the court to grant them unconditional release from their confinement, ... read more >
Inmates at the Huttonsville Correctional Center in West Virginia filed a lawsuit under 42 U.S.C. § 1983 against the West Virginia Department of Corrections in the Supreme Court of Appeals of West Virginia. The prisoners asked the court to grant them unconditional release from their confinement, alleging that prison officials had responded to a prison riot by violating their rights under the U.S. Constitution and the West Virginia State Constitution through verbal harassment, physical abuse, denial of religious activities, intimidation, denial of due process in disciplinary proceedings, humiliating treatment, denial of access to legal counsel, denial of mail, denial of sufficient food, and double celling.

On October 7, 1980, the Supreme Court of West Virginia (Judge Sam Harshbarger) held that the prisoners' rights had been violated by the denial of due process in disciplinary proceedings and the use of unnecessary physical force, and the court ordered the defendants to expunge all inmate records of references to the prison riot, subject all correctional officers to psychological testing, discharge any officers who practice brutality, and provide a plan to reduce the degree of restraint to which each inmate was subject. Harrah v. Leverette, 271 S.E.2d 322 (W.Va. 1980). We have no further information on the proceedings in this case.

Kristen Sagar - 04/12/2006


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Access to lawyers or judicial system
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Disciplinary procedures
Disciplinary segregation
Food service / nutrition / hydration
Loss or damage to property
Mail
Personal injury
Recreation / Exercise
Religious programs / policies
Sanitation / living conditions
Search policies
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
42 U.S.C. § 1983
Defendant(s) West Virginia Department of Corrections
Plaintiff Description Several inmates incarcerated at the Huttonsville Correctional Center
Indexed Lawyer Organizations None on record
Class action status sought None on record
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1980 - 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 10/07/1980 (271 S.E.2d 322)
PC-WV-0007-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Harshbarger, Sam R. (State Supreme Court)
PC-WV-0007-0001
Monitors/Masters None on record
Plaintiff's Lawyers Buffa, E. Joseph (West Virginia)
PC-WV-0007-0001
Galloway, William E. (West Virginia)
PC-WV-0007-0001
Grabill, David (California)
PC-WV-0007-0001
Hughes, G. Charles (West Virginia)
PC-WV-0007-0001
Rogers, Hugh (West Virginia)
PC-WV-0007-0001
Defendant's Lawyers Browning, Chauncey H. (West Virginia)
PC-WV-0007-0001
Cometti, Joseph C. (West Virginia)
PC-WV-0007-0001
Hardison, Richard E. (West Virginia)
PC-WV-0007-0001
Other Lawyers None on record

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