Filed Date: July 17, 1986
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On July 17, 1986, the petitioner, sheriff of Kanawha County, filed a writ of mandamus in the Supreme Court of Appeals of West Virginia seeking to compel the county commission to give him the supplies he needed to come into compliance with a May 7, 1986 settlement agreement. The settlement was the result of an action brought on March 14, 1986, by inmates of the county jail to improve conditions in the jail. Following the settlement agreement, the sheriff submitted a request to the County Commission for equipment and supplies, including washing machines, a copy machine, inmate clothing, security cameras and security doors.
The County responded to the mandamus filing by claiming that they had substantially fulfilled the sheriff's requests. The court concluded that substantial compliance with a non-discretionary duty, such as complying with a settlement agreement, was insufficient, and issued a moulded writ of mandamus. Jones v. The County Comm'n of Kanawha County, No. 17096,1986 W. Va. LEXIS 585 (W. Va. Dec. 18, 1986). The moulded writ did not include the security items that the sheriff had requested, as the court found that they were not required to fulfill the terms of the settlement agreement.
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Summary Authors
Ben Kelly (2/27/2006)
Last updated Aug. 30, 2023, 3:26 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: West Virginia
Case Type(s):
Key Dates
Filing Date: July 17, 1986
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Sheriff of Kanawha County requesting equipment and supplies which he deemed necessary to bring the jail into compliance with a settlement with the inmates of the prison
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Kanawha County Commission (Kanawha), County
Case Details
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 1986 - 0
Issues
General: